State v. Randy Mcgowan, 2006 WI App 80 For Mcgowan: Dianne M. Erickson Issue/Holding: ¶23 Here, the offered evidence (testimony of forced fellatio, performed by a five-year-old child victim, followed by urination in the victim’s mouth) undoubtedly aroused the jury’s “sense of horror” and “provoke[d] its instinct to punish.” See Sullivan, 216 Wis. 2d at 789-90. Revulsion… Read more
3. Prejudice, 904.03
State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06 For Schutte: Donald T. Lang, SPD, Madison Appellate Issue/Holding1: Evidence of the driver’s marijuana use just before the accident resulting in the charged homicide by negligent use of vehicle was relevant and admissible: ¶48 Although the toxicology expert could not tie the level of THC detected in… Read more
State v. Steven G. Walters, 2004 WI 18, reversing 2003 WI App 24 For Walters: David A. Danz Issue/Holding: ¶16. … The term “Richard A.P. evidence” comes from a decision of the court of appeals in which a defendant accused of molesting a child sought to introduce character evidence through the testimony of a psychologist. State v. Richard A.P… Read more
State v. Gregg A. Pfaff, 2004 WI App 31 For Pfaff: Rex Anderegg Issue/Holding: ¶34. Whether photographs are to be admitted is a matter within the trial court’s discretion. State v. Lindvig, 205 Wis. 2d 100, 108, 555 N.W.2d 197 (Ct. App. 1996). We will not disturb the court’s discretionary decision “unless it is wholly unreasonable… Read more
State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶72. In determining whether a piece of evidence is unfairly prejudicial, we have held that cautionary instructions help to limit any unfair prejudice that might otherwise result. Plymesser, 172 Wis. 2d at 596-97.¶73. Contrary to Hunt’s argument and the… Read more
State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753 For Scott: Joseph E. Redding Issue: Whether a defense witness was properly impeached with evidence that he was serving life in prison with no prospect for parole. Holding: The witness’s attempt to admit the crimes and exonerate the defendant… Read more
