State v. Joseph F. Volk, 2002 WI App 274 For Volk: Charles B. Vetzner, SPD, Madison App Issue: Whether, in a prosecution for battery against the defendant’s live-in girlfriend, evidence of the defendant’s domestic abuse of his former wife was admissible. Holding: The evidence tended to refute the defense of lack of intent to harm: ¶22. Here… Read more
D. Relevance, Ch. 904
State v. Michael L. Veach, 2002 WI 110, reversing 2001 WI App 143 For Veach: Suzanne Hagopian, SPD, Madison Appellate Issue: Whether, on charges of sexually assaulting a 7-year old girl, evidence that the defendant had sexually assaulted his 9-year old daughter approximately 11 years earlier was properly admissible. Holding: 1). The evidence was offered for an acceptable… Read more
State v. Brian D. Seefeldt, 2002 WI App 149, affirmed, 2003 WI 47 For Seefeldt: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶23. We are satisfied that the reference to the outstanding warrants is not classic “other acts” evidence invoking Wis. Stat. § 904.04(2) analysis. Rather, the existence of the warrants is “part of the panorama of evidence” that… Read more
State v. Eugene P. Opalewski, 2002 WI App 145, PFR filed 6/6/02 For Opalewski: Lorinne J. Cunningham Issue/Holding: On charges of first degree sexual assault of a child and incest, evidence of the defendant’s past sexual abuse of his two daughters and the children of a prior girlfriend was admissible under the three-step test of State v. Sullivan… Read more
Self-Defense – “McMorris” Acts of Prior Violence by Victim – Procedure on Determining Admisssibility
State v. Juan M. Navarro, 2001 WI App 225 For Navarro: Joseph M. Moore, SPD Trial, Juneau Issue: Whether the trial court is required to conduct an in camera inspection of confidential records of the complaining witness, a correctional officer, relating to his possible abusive treatment of inmates, in a battery-by-prisoner trial where the defendant alleges… Read more
State v. Garren G. Gribble, 2001 WI App 227, PFR filed For Gribble: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether evidence of prior child abuse, both to the immediate victim and another child, was properly admitted in a trial on homicide of a child. Holding: There was sufficient evidence for a reasonable jury to find by… Read more
State v. Joseph F. Rizzo, 2001 WI App 57, 241 Wis. 2d 241, 624 N.W.2d 824, reversed and remanded on other grounds, 2002 WI 20 For Rizzo: Franklyn M. Gimbel Issue: Whether admission of other acts evidence was an erroneous exercise of discretion. Holding: ¶5 … In a written decision, the trial court properly applied the Sullivan three-step analysis: The… Read more
State v. Kevin S. Meehan, 2001 WI App 119 For Meehan: Pamela Moorshead, Buting & Williams Issue: Whether a prior sexual assault of an adult was sufficiently similar to the charged sexual assault of a child to be admissible as other crimes evidence. Holding: ¶14. The next step is whether the 1992 conviction was relevant… Read more
