State v. Michael D. Urben, 2011AP982, District 1, 11/8/11 court of appeals decision (1-judge, not for publication); for Urben: Andrew Mishlove, Lauren Stuckert; case activity Notwithstanding evidence that Urben suffered seizures before and after an automobile accident, his refusal to take BAC test wasn’t because of physical disability or disease unrelated to use of alcohol, controlled… Read more
D. Relevance, Ch. 904
State v. Stuart J. Gasper, 2010AP1973-CR, District 2, 9/14/11 court of appeals decision (not recommended for publication); for Gasper: Mark A. Schoenfeldt; case activity On a trial for hit-and-run and OWI, evidence that just before the charged events, the defendant’s car struck another car, was not “other acts” evidence within § 904.04(2) but, rather, was admissible to show… Read more
State v. Winston B. Eison, 2011 WI App 52; for Eison: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Preservation of Issue – Motion in Limine Eison objected to introduction of evidence of his arrest on an unrelated offense via motion in limine, which the trial court granted. At trial, however, the court allowed the State to… Read more
State v. Miguel E. Marinez, Jr., 2011 WI 12, reversing unpublished decision; case activity; prior post; for Marinez: Ralph J. Sczygelski Evidence – Other-Acts, § 904.04(2) – “Sullivan” Analysis ¶19 To guide courts in determining whether other-acts evidence is admissible for a proper purpose under Wis. Stat. § 904.04(2)(a), we developed a three-prong test. Sullivan, 216… Read more
State v. Craig A. Erickson, 2010AP1763-CR, District 2, 1/12/11 court of appeals decision (1-judge, not for publication); for Erickson: Kirk B. Obear; case activity; Erickson BiC; State Resp.; Reply Laboratory assistant, acting under direction of pathologist and following laboratory procedures, is qualified under § 343.305(5)(b) to draw blood. State v. Penzkofer, 184 Wis. 2d 262, 516 N.W.2d 774… Read more
State v. Jonathan A. Meenen, 2009AP3107-CR, District 3, 1/11/11 court of appeals decision (3-judge, not recommended for publication); for Meenen: Donna L. Hintze, SPD, Madison Appellate; case activity; Meneen BiC; State Resp.; Reply On a charge of 1st-degree sexual assault of a (5-year-old) child, evidence of Meneen’s prior juvenile adjudication for sexual contact with an… Read more
State v. Mark D. Jensen, 2011 WI App 3; prior history: 2007 WI 26; for Jensen: Terry W. Rose, Christopher William Rose, Michael D. Cicchini; case activity; (Jensen BiC not posted); State Resp.; Jensen Reply Confrontation – Generally The Confrontation Clause regulates testimonial statements only, such that nontestimonial statements are excludable only under hearsay and other evidence-rule ¶¶22-26, citing Giles v… Read more
State v. Kevin M. Moore, 2009AP3167-CR, District 2, 12/15/10 court of appeals decision (3-judge, not recommended for publication); for Moore: Jeffrey W. Jensen; Moore BiC; State Resp.; Reply Evidence – Frequenting “Gentleman’s Club” as Source of Friction with Deceased Evidence that Moore spent much time and money at a local “gentleman’s club,” offered by the… Read more
