State v. Forest S. Shomberg, 2006 WI 9, affirming unpublished decision For Shomberg: Charles W. Giesen; Morris D. Berman Issue/Holding: ¶27 In St. George, this court held that the circuit court’s exclusion of testimony of a defense expert about the victim’s recantation, and about interview techniques particular to child sexual assault cases, unconstitutionally deprived the defendant of… Read more
I. Complete defense
State v. John W. Campbell, 2006 WI 99, on certification For Campbell: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶33 The Sixth Amendment and Due Process Clause right to present a defense requires that a defendant be allowed to introduce relevant evidence, subject to reasonable restrictions. … ¶34 The right to present a defense does not require that… Read more
State v. Xavier J. Rockette (II), 2006 WI App 103, PFR filed 6/29/06 ( prior unrelated appeal involving same defendant, different case: 2005 WI App 205) For Rockette: Timothy A. Provis Issue/Holding: Excluding evidence that in other, unrelated instances a witness had lied to the police in an attempt to curry favor in his own criminal cases did violate Rockette’s… Read more
State v. Matthew J. Knapp, 2003 WI 121, on certification; vacated and remanded on other grounds for further consideration in light of United States v. Patane, 542 U. S. ____ (2004), Wisconsin v. Knapp, No. 03-590); subsequent decision on remand, Miranda issue: State v. Knapp (II), 2005 WI 127 For Knapp: Robert G. LeBell Issue/Holding: The defendant may obtain admission of evidence implicating other… Read more
State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision For St. George: Donald T. Lang, SPD, Madison Appellate Issue: “Was the circuit court’s exclusion of the testimony of the defendant’s expert witness an erroneous exercise of discretion, or alternatively, a deprivation of the defendant’s constitutional right to present evidence… Read more
State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision For St. George: Donald T. Lang, SPD, Madison Appellate Issue: “Was the circuit court’s exclusion of the testimony of the defendant’s expert witness an erroneous exercise of discretion, or alternatively, a deprivation of the defendant’s constitutional right to present evidence… Read more
State Charles A. Dunlap, 2002 WI 19, reversing, 2000 WI App 251, 239 Wis. 2d 423, 620 N.W.2d 398 For Dunlap: Jack E. Schairer, SPD, Madison Appellate Issue: “(W)hether a defendant who is charged with sexual assault should be allowed to present evidence of sexual behavior exhibited by the child complainant prior to the alleged assault, even… Read more
