State v. Luther Wade Cofield, 2000 WI App 196, 238 Wis. 2d 467, 618 N.W.2d 214 For Cofield: Donna L. Hintze, SPD, Madison Appellate Issue: Whether, on a charge of sexual assault where the defense was consent, evidence of prior sexual assaults were properly admissible. Holding: ¶11 In reviewing the list set forth in WIS. STAT. §… Read more
D. Relevance, Ch. 904
State v. Dale H. Davidson, 2000 WI 91, 236 Wis. 2d 537, 613 N.W.2d 606, reversing State v. Davidson, 222 Wis. 2d 233, 589 N.W.2d 38 For Davidson: Jerome F. Buting & Pamela Moorshead Issue: Whether, on a charge of sexually assaulting a 13-year old niece while on a camping trip, evidence of the defendant’s conviction ten years… Read more
State v. Edward A. Hammer, 2000 WI 92, 236 Wis. 2d 686, 613 N.W.2d 629, on certification, habeas denied, Hammer v. Karlen, 342 F. 3d 807 (7th Cir. 2003) For Hammer: Rex Anderegg Issue: Whether, in a trial for sexual assault of several adolescent males while staying at defendant’s parents’ home, evidence that defendant fondled an adult male, 5-7… Read more
State v. Daniel G. Scheidell, 227 Wis.2d 285, 595 N.W.2d 661 (1999), on reconsideration, State v. Scheidell, 230 Wis.2d 189, 601 N.W.2d 284 (1999), reversing State v. Scheidell, 220 Wis.2d 753, 584 N.W.2d 897 (Ct. App. 1998) For Scheidell: Mitchell E. Cooper, SPD, Madison. Holding: Scheidell sought to introduce evidence that, while he was in jail awaiting trial on this… Read more
State v. Liliana Petrovic, 224 Wis.2d 477, 592 N.W.2d 238 (Ct. App. 1999). For Petrovic: Robert B. Rondini Issue/Holding: The court holds admissible the following evidence: defendant’s “close” connection to someone (Fooden) with whom an agent “was familiar … based on drug investigations he had performed for the IRS.” “The State’s evidence indicating a connection… Read more
State v. Earl L. Miller, 231 Wis.2d 447, 605 N.W.2d 567 (Ct. App. 1999) For Miller: Eduardo M. Borda Issue: Whether evidence of the defendant’s flight from police three days after the crime was admissible. Holding: “While not part of the original criminal episode, evidence of flight was admissible because it indicated Miller’s consciousness of… Read more
State v. Kurt J. Doerr, 229 Wis.2d 616, 599 N.W.2d 897 (Ct. App. 1999) For Doerr: John M. Carroll. Issue/Holding: Doerr argues that evidence of his refusal to take a chemical test was irrelevant, because it occurred at the police station rather than the arrest scene. The argument is rejected: Though refusal evidence is relevant to… Read more
State v. Andres DelReal, 225 Wis.2d 565, 593 N.W.2d 461 (Ct. App. 1999). For DelReal: Richard D. Martin, SPD, Milwaukee Appellate. Holding: At trial on shooting related charges, one detective testified that DelReal’s hands had been swabbed for gunshot residue (with unknown results), but the lead detective testified that he hadn’t. The trial court struck… Read more
