State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶86. We have ruled that “Wisconsin courts permit a more liberal admission of other crimes evidence in sexual assault cases than in other cases.” Davidson, 236 Wis. 2d 537, ¶44; State v. Hammer, 2000 WI 92, ¶23, 236 Wis. 2d… Read more
D. Relevance, Ch. 904
State v. Bernell Ross, 2003 WI App 27, PFR filed 2/21/03 For Ross: Andrew Mishlove Issue/Holding: Evidence of investor losses is relevant to a charge of racketeering, § 946.83. ¶37… 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State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶72.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State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶43. The State maintains that the court of appeals erred in interpreting Sullivan. We agree. Sullivan does not state, as the decision of the court of appeals suggests, that in situations where the circuit court fails to set forth… Read more
State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶58. First, the circuit court could reasonably have concluded, as it did, that the other-acts evidence was admissible for the purpose of establishing context. Other-acts evidence is permissible to show the context of the crime and… Read more
State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶59. The other-acts evidence was permissible to show the victims’ state of mind, to corroborate information provided to the police, and to establish the credibility of victims and witnesses in light of their recantations. Such… Read more
State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶60. Next, the circuit court could reasonably have concluded that the other-acts evidence was admissible for the purpose of establishing opportunity and motive. When a defendant’s motive for an alleged sexual assault is an element of… Read more
State v. Timothy M. Ziebart, 2003 WI App 258 For Ziebart: Robert R. Henak Issue: Whether the holding of State v. Alsteen, 108 Wis. 2d 723, 324 N.W.2d 426 (1982) (re sexual assault where the defendant admits the act but claims consent: prior sexual misconduct has no probative value) imposes an absolute bar against admissibility of prior… Read more
