State v. Lionel N. Anderson, 2005 WI App 238 For Anderson: Harry R. Hertel; Steven H. Gibbs Issue/Holding: Evidence of flight is not other-acts evidence but, rather, “an admission by conduct”; thus, evidence that Anderson fled the state after learning that the police had been contacted was admissible, ¶29, citing, State v. Earl L. Miller… Read more
1. Types of evidence
State v. Gregg A. Pfaff, 2004 WI App 31 For Pfaff: Rex Anderegg Issue/Holding: ¶26. While a polygraph test result is inadmissible in Wisconsin, see State v. Dean, 103 Wis. 2d 228, 279, 307 N.W.2d 628 (1981), an offer to take a polygraph test is relevant to an assessment of the offeror’s credibility and may… Read more
State v. Robert Jamont Wright, 2003 WI App 252 For Wright: Ann Auberry Issue/Holding: ¶43. Wright argues that Lomack’s testimony was relevant on the issue of whether the police lineup was suggestive. In assessing relevance, the trial court must determine whether the evidence has any tendency to make the existence of any fact that is… Read more
State v. William A. Silva, 2003 WI App 191, PFR filed 9/4/03 For Silva: Martin E. Kohler, Brian Kinstler, Donald E. Chewning Issue/Holding: ¶29 …. Silva’s brother testified that on the day of the assault Silva attended a service that discussed the act of “sinning again.” Silva’s brother stated that Silva sat down during the… Read more
State v. Glenn E. Davis, 2002 WI 75, reversing and remanding 2001 WI App 210, 247 Wis. 2d 917, 634 N.W.2d 922 For Davis: James M. Shellow Issue: Whether Richard A.P. evidence — that the defendant lacks the psychological characteristics of a sex offender and, therefore, was unlikely to have committed the charged offense —… Read more
State v. Garren G. Gribble, 2001 WI App 227, PFR filed For Gribble: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether a witness should have been permitted to demonstrate with a doll the force used to cause injuries to the child victim. Holding: The fact that the experts couldn’t agree on the exact cause of… Read more
State v. Miguel Angel Santana-Lopez, 2000 WI App 122, 237 Wis.2d 332, 613 N.W.2d 918 For Santana-Lopez: Rex Anderegg Issue: Whether a sexual assault defendant’s pretrial offer to take a DNA test is relevant as consciousness of innocence. Holding: “(A)n offer to undergo DNA analysis [is] relevant to the state of mind of the person… Read more
State v. Michael R. Bauer, 2000 WI App 206, 238 Wis. 2d 6887, 617 N.W.2d 902 For Bauer: Thomas Voss Issue: Whether evidence that the defendant, while awaiting trial, solicited the murders of people who were going to testify against him was admissible. Holding: ¶2 Bauer argues that the solicitation evidence was other acts evidence… Read more
