State v. Rodney G. Zivcic, 229 Wis.2d 119, 598 N.W.2d 565 (Ct. App. 1999) For Zivcic: John J. Carter Holding: A “deficient sample” printout from an Intoxilyzer 5000 test is held admissible – not as a test result, but as Zivcic’s failure to provide adequate breath samples (which equals a refusal)… Read more
D. Relevance, Ch. 904
State v. Gordon R. Anderson, Jr., 230 Wis.2d 121, 600 N.W.2d 913 (Ct. App. 1999) For Anderson: Craig M. Kuhary Issue: Whether the trial court erred in admitting evidence in this 1st degree homicide trial of a prior sexual assault that resulted in Anderson being sent to prison, as evidence of his motive and intent to… Read more
State v. John J. Thoms, 228 Wis. 2d 868, 599 N.W.2d 84 (Ct. App. 1999) For Thoms: Steven L. Miller Holding: On a charge that Thoms sexually assaulted his sister, the trial court allowed the state to introduce evidence that, 14 years before, he had allegedly sexually assaulted both a stranger and his niece, as evidence… Read more
State v. Richard A.P., 223 Wis.2d 777, 589 N.W.2d 674 (Ct. App. 1998). For Richard: Robert Henak. Diagnosis of multiple personality disorder, to impeach witness: evidence of mental impairment does not, without more, affect witness’s credibility. Without evidence that this condition affected the witness’s recall ability, it is irrelevant… Read more
State v. Richard A.P., 223 Wis.2d 777, 589 N.W.2d 674 (Ct. App. 1998) For Richard: Robert Henak Holding: The trial court reversibly erred in refusing to allow an expert psychologist to testify that defendant “did not show any evidence of any diagnosable sexual disorder. … [and] that absent a diagnosable disorder, it is unlikely that… Read more
