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
D. Relevance, Ch. 904
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
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
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
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
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
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
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