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D. Relevance, Ch. 904

State v. Garren G. Gribble, 2001 WI App 227, PFR filed For Gribble: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether a witness should have been permitted to demonstrate with a doll the force used to cause injuries to the child victim. Holding: The fact that the experts couldn’t agree on the exact cause of… Read more

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State v. Miguel Angel Santana-Lopez, 2000 WI App 122, 237 Wis.2d 332, 613 N.W.2d 918 For Santana-Lopez: Rex Anderegg Issue: Whether a sexual assault defendant’s pretrial offer to take a DNA test is relevant as consciousness of innocence. Holding: “(A)n offer to undergo DNA analysis [is] relevant to the state of mind of the person… Read more

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Cross-examination – Impeachment of Defense Witness with Parole Eligibility Date

State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753 For Scott: Joseph E. Redding Issue: Whether a defense witness was properly impeached with evidence that he was serving life in prison with no prospect for parole. Holding: The witness’s attempt to admit the crimes and exonerate the defendant… Read more

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State v. Michael R. Bauer, 2000 WI App 206, 238 Wis. 2d 6887, 617 N.W.2d 902 For Bauer: Thomas Voss Issue: Whether evidence that the defendant, while awaiting trial, solicited the murders of people who were going to testify against him was admissible. Holding: ¶2            Bauer argues that the solicitation evidence was other acts evidence… Read more

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State v. Ondra Bond, 2000 WI App 118, 237 Wis. 2d 633, 614 N.W.2d 552, affirmed by equally divided court, 2001 WI 56. For Bond: William Coleman; Janet Barnes, Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: The prosecution may not use at trial the fact that a defendant stood mute in the face of an accusation. ¶27… Read more

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State v. Frank M. Ruszkiewicz, 2000 WI App 125, 237 Wis. 2d 441, 613 N.W.2d 893 For Ruszkiewicz: Mark S. Rosen Issue: Whether the trial court erred in refusing to order production of the victim’s police and medical records, sought on the theory that they might show a condition that would cause her to bruise easily… Read more

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State v. Gabriel DeRango, 2000 WI 89, 236 Wis. 2d 721, 613 N.W.2d 833, affirming State v. Derango, 229 Wis. 2d 1, 599 N.W.2d 27 For Derango: Robert G. LeBell Issue: Whether the trial court properly admitted, as misconduct evidence relevant to motive and intent on child enticement-related charges, depictions of sex acts by young females on videotapes… Read more

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State v. Thomas W. Koeppen, 2000 WI App 121, 237 Wis.2d 418, 614 N.W.2d 530 For Koeppen: Richard L. Zaffiro Issue: Whether a prior act involving drunken resisting arrest was properly admitted into evidence. Holding: The prior act was admitted on the permissible purposes of showing intent and absence of mistake; had probative value due to strong… Read more

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