State v. Randy Mcgowan, 2006 WI App 80 For Mcgowan: Dianne M. Erickson Issue/Holding: ¶20 We cannot conclude that the allegations are sufficiently factually similar to justify admission of Janis’s testimony as other acts evidence. Assuming the truthfulness of both Sasha and Janis for purposes of this analysis, we conclude that a single assault, by… Read more
D. Relevance, Ch. 904
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State v. Forest S. Shomberg, 2006 WI 9, affirming unpublished decision For Shomberg: Charles W. Giesen; Morris D. Berman Issue/Holding: ¶39 Finally, we determine that the circuit court did not erroneously exercise its discretion in refusing to admit testimony regarding Shomberg’s offer to take a polygraph examination. … However, such an offer is only “relevant… Read more
State v. Richard B. Wilkens, 2005 WI App 36 For Wilkens: Waring R. Fincke Issue/Holding: ¶14. In Wisconsin, the general standard for admissibility is very low. Generally, evidence need only be relevant to be admissible. See Wis. Stat. § 904.02; State v. Eugenio, 219 Wis. 2d 391, 411, 579 N.W.2d 642 (1998) (“All relevant evidence is… Read more
State v. Richard B. Wilkens, 2005 WI App 36 For Wilkens: Waring R. Fincke Issue/Holding: Field sobriety tests (alphabet and finger-to-nose tests; and heel-to-toe walk) “are observational tools, not litmus tests that scientifically correlate certain types or numbers of ‘clues’ to various blood alcohol concentrations,” ¶17. Thus, the officer’s observations of Wilkens’ performance isn’t treated… Read more
State v. Sheldon C. Stank, 2005 WI App 236 For Stank: Dennis P. Coffey Issue/Holding: On charges of drug trafficking while armed, possession of guns (along with flash suppressor and bulletproof vest) was admissible as relevant for purposes other than “bad character,” ¶¶35-39. (State v. Spraggin, 77 Wis. 2d 89, 252 N.W.2d 94 (1977) and… Read more
State v. Kimberly B., 2005 WI App 115 For Kimberly B.: Anthony G. Milisauskas Issue/Holding: Other acts evidence that on two prior occasions the defendant, while disciplining her child, had struck the child with sufficient force to cause injury and require government intervention, was relevant and admissible under § 904.04 to prove the intent element of… Read more
State v. Van G. Norwood, 2005 WI App 218 For Norwood: Terry Evans Williams Issue: Whether defendant’s letter to the trial court, stating that he did not want the case to go to trial; that he wished to be placed in a facility in the care of “mental doctors”; and that the court sentence him for… Read more
