State v. Ondra Bond, 2000 WI App 118, 237 Wis. 2d 633, 614 N.W.2d 552, affirmed by equally divided court, 2001 WI 56. For Bond: William Coleman; Janet Barnes, Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: The prosecution may not use at trial the fact that a defendant stood mute in the face of an accusation. ¶27… Read more
1. Types of evidence
State v. Frank M. Ruszkiewicz, 2000 WI App 125, 237 Wis. 2d 441, 613 N.W.2d 893 For Ruszkiewicz: Mark S. Rosen Issue: Whether the trial court erred in refusing to order production of the victim’s police and medical records, sought on the theory that they might show a condition that would cause her to bruise easily… Read more
State v. Liliana Petrovic, 224 Wis.2d 477, 592 N.W.2d 238 (Ct. App. 1999). For Petrovic: Robert B. Rondini Issue/Holding: The court holds admissible the following evidence: defendant’s “close” connection to someone (Fooden) with whom an agent “was familiar … based on drug investigations he had performed for the IRS.” “The State’s evidence indicating a connection… Read more
State v. Earl L. Miller, 231 Wis.2d 447, 605 N.W.2d 567 (Ct. App. 1999) For Miller: Eduardo M. Borda Issue: Whether evidence of the defendant’s flight from police three days after the crime was admissible. Holding: “While not part of the original criminal episode, evidence of flight was admissible because it indicated Miller’s consciousness of… Read more
State v. Kurt J. Doerr, 229 Wis.2d 616, 599 N.W.2d 897 (Ct. App. 1999) For Doerr: John M. Carroll. Issue/Holding: Doerr argues that evidence of his refusal to take a chemical test was irrelevant, because it occurred at the police station rather than the arrest scene. The argument is rejected: Though refusal evidence is relevant to… Read more
State v. Andres DelReal, 225 Wis.2d 565, 593 N.W.2d 461 (Ct. App. 1999). For DelReal: Richard D. Martin, SPD, Milwaukee Appellate. Holding: At trial on shooting related charges, one detective testified that DelReal’s hands had been swabbed for gunshot residue (with unknown results), but the lead detective testified that he hadn’t. The trial court struck… Read more
State v. Rodney G. Zivcic, 229 Wis.2d 119, 598 N.W.2d 565 (Ct. App. 1999) For Zivcic: John J. Carter Holding: A “deficient sample” printout from an Intoxilyzer 5000 test is held admissible – not as a test result, but as Zivcic’s failure to provide adequate breath samples (which equals a refusal)… Read more
State v. Richard A.P., 223 Wis.2d 777, 589 N.W.2d 674 (Ct. App. 1998) For Richard: Robert Henak Holding: The trial court reversibly erred in refusing to allow an expert psychologist to testify that defendant “did not show any evidence of any diagnosable sexual disorder. … [and] that absent a diagnosable disorder, it is unlikely that… Read more
