State v. Lionel N. Anderson, 2005 WI App 238 For Anderson: Harry R. Hertel; Steven H. Gibbs Issue/Holding: Evidence of flight is not other-acts evidence but, rather, “an admission by conduct”; thus, evidence that Anderson fled the state after learning that the police had been contacted was admissible, ¶29, citing, State v. Earl L. Miller… Read more
D. Relevance, Ch. 904
State v. Gregory J. Franklin, 2004 WI 38, affirming unpublished decision of court of appeals For Franklin: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶16. In order to be admissible in a ch. 980 proceeding, all evidence must be relevant and that relevance must not be outweighed by the danger of unfair prejudice. Wis. Stat. § 904.01… Read more
State v. Gregg A. Pfaff, 2004 WI App 31 For Pfaff: Rex Anderegg Issue/Holding: ¶26. While a polygraph test result is inadmissible in Wisconsin, see State v. Dean, 103 Wis. 2d 228, 279, 307 N.W.2d 628 (1981), an offer to take a polygraph test is relevant to an assessment of the offeror’s credibility and may… 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State v. Gregory J. Franklin, 2004 WI 38, affirming unpublished decision of court of appeals For Franklin: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶11. Wisconsin Stat. § 904.04(2) evidence may be offered in a criminal trial or a civil suit. State v. Sullivan, 216 Wis. 2d 768, 783, 576 N.W.2d 30 (1998) and Daniel B. Blinka, Evidence of Character, Habit and… Read more
State v. David Arredondo, 2004 WI App 7, PFR filed 1/22/04 For Arredondo: James A. Rebholz Issue/Holding: Prior acquittal of sexual assault didn’t prevent admissibility of testimony from that trial: the test is whether a reasonable jury could find by preponderance of the evidence that the defendant committed the misconduct, State v. Landrum, 191 Wis. 2d 107, 117… Read more
State v. Richard G. White, 2004 WI App 78, (AG’s) PFR filed 4/1/04 For White: James A. Rebholz Issue/Holding (General Standards): ¶14. There are three hurdles that evidence of a person’s other acts must clear: (1) the evidence must be “relevant,” Wis. Stat. Rules 904.01 & 904.02; (2) the evidence must not be excluded by Wis. Stat. Rule… Read more
