State v. Walter William McCoy, 2007 WI App 15 For McCoy: Andrea Taylor Cornwall Issue/Holding: ¶18 … We start by acknowledging that the chain of evidence in this case is not perfect. There are substantial time gaps as pointed out by McCoy. Nonetheless, the chain of custody evidence was sufficient to support the trial court’s… Read more
I. Authentication, Ch. 909
State v. Thomas Scott Bailey Smith, Sr., 2005 WI 104, reversing 2004 WI App 116 For Smith: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: Testimony of a court employee that she had examined a certified copy of a foreign court order and that the exhibit to be admitted into evidence was a copy of that order sufficiently authenticated… Read more
State v. Gary L. Gordon, 2002 WI App 53, affirmed, 2003 WI 69 For Gordon: Steven P. Weiss, SPD, Madison Appellate Issue: Whether proof-of-service documents, introduced to show defendant’s knowledge of a domestic violence injunction, violated the hearsay rule. Holding: ¶43. … However, these documents were not made under oath or attested to in any… Read more
State v. William R. Peterson, 222 Wis. 2d 449, 588 N.W.2d 84 (Ct. App. 1998) For Peterson: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: The State provides no authority to support the trial court’s imposition of a requirement that, as a matter of law, expert testimony is necessary to establish a foundation for video images… Read more
State v. Gary Curtis, 218 Wis. 2d 550, 582 N.W.2d 409 (Ct. App. 1998) For Curtis: Arthur B. Nathan Issue/Holding: Next, Curtis claims that the tapes admitted into evidence at trial were not properly authenticated. At trial, Poivey, a party to the conversations on the tapes, testified that the voices on the tapes were his… Read more
