State v. Pablo G. Quiroz, 2009 WI App 120 For Quiroz: Glen B. Kulkoski Issue/Holding: ¶21 Quiroz claims that under Miller, 231 Wis. 2d at 574, there is an automatic exception to the trial court’s discretionary ability to admit flight evidence whenever a defendant has an independent reason for flight that, if admitted, would unduly prejudice… Read more
D. Relevance, Ch. 904
State v. Michael A. Sveum, 2009 WI App 81, affirmed on other grds., 2010 WI 92 For Sveum: Robert J. Kaiser, Jr. Issue/Holding: ¶43 Sveum was convicted of aggravated stalking based on his 1996 stalking conviction. Proof of this particular aggravated stalking crime requires proof of a previous conviction for a violent crime or a stalking crime… Read more
State v. Jeremy Denton, 2009 WI App 78 / State v. Aubrey W. Dahl, 2009 WI App 78 For Denton: Paul G. Bonneson For Dahl: Patrick M. Donnelly Issue/Holding: ¶11 The State submits that the computer-generated animation was intended as a demonstrative exhibit. The decision to admit or exclude demonstrative evidence is committed to the trial… Read more
State v. Jeffrey A. Warbelton, 2009 WI 6, affirming 2008 WI App 42 For Warbelton: Paul G. Lazotte, SPD, Madison Appellate Issue/Holding: On a trial for stalking, § 940.32, where one of the elements is prior conviction for “violent crime,” the defendant may blunt prejudicial impact of proof of the prior by stipulating to the existence of the… Read more
State v. Jason L. McClaren, 2009 WI 60, reversing 2008 WI App 118 For McClaren: Michael C. Witt Issue/Holding: ¶21 It is well established that a defendant seeking to support a self-defense claim may attempt to “prov[e] prior specific instances of violence within [the defendant’s] knowledge at the time of the incident.” State v. Wenger, 225 Wis. 2d… Read more
State v. Jason L. McClaren, 2009 WI 60, reversing 2008 WI App 118 For McClaren: Michael C. Witt Issue/Holding: A trial court has inherent and statutory authority (§ 906.11) to order that a defendant provide a pretrial summary of the specific “McMorris” evidence (violent acts of the alleged victim the defendant knew about, as relevant… Read more
State v. Ronell E. Harris, 2008 WI 15, affirming unpublished decisionFor Harris: Ralph J. Sczygelskis Issue/Holding: A document, identified to the jury as “recognizance of bond in a criminal case … by the defendant,” found in the same room as a controlled substance and meant to show his connection to the drug, was inadmissible: ¶82 Criminal History Generally Inadmissible. Ordinarily… Read more
State v. Timothy J. Normington, 2008 WI App 8, PFR filed 12/21/07 For Normington: Stephen J. Eisenberg Issue: Whether images downloaded from the defendant’s computer, depicting objects inserted into women’s vaginas and into men’s and women’s anuses, were admissible on a charge of sexual assault of a mentally deficient victim involving an object inserted in his anus. Holding… Read more
