State v. C.A.A., 2020AP1194, District 1, 10/13/20 (one-judge decision; ineligible for publication); case activity At the trial on the petition to terminate C.A.A.’s parental rights, the case manager handling the CHIPS case pertaining to C.A.A.’s child testified that, in her opinion, C.A.A. would not likely satisfy the conditions of return under the CHIPS order within… Read more
1. Generally
State v. Natalie N. Murphy, 2017AP1559-CR, 8/16/18 (not recommended for publication); case activity (including briefs) To no avail, Murphy challenges the circuit court’s decision to exclude her expert’s testimony and its decision to allow certain testimony from the state’s expert. Murphy shot Dammen, her on-again, off-again boyfriend, and was charged with homicide and reckless endangering… Read more
If California and Texas can do it, can Wisconsin do it too? Click here to see Professor Edward Imwinkelried’s new article on revising postconviction relief statutes to cover convictions resting on subsequently invalidated expert testimony. Who can name a type of expert testimony that has been recently invalidated… Read more
State v. Bradley Wayne Phillips, 2014AP2519-CR, District 1, 9/1/15 (not recommended for publication); case activity (including briefs) Phillips challenges his conviction for failing to pay child support because: (1) the trial court prohibited testimony from an expert witness about whether Phillips was employable; (2) the postconviction court did not find Phillips’s defense counsel ineffective for… Read more
State v. Amos L. Small, 2013 WI App 117; case activity Right to a public trial The circuit court appropriately excluded a person from the courtroom under State v. Ndina, 2009 WI 21, 315 Wis. 2d 653, 761 N.W.2d 612, after the prosecutor asserted the had threatened a state’s witness after her testimony. (¶9). While Small’s… Read more
State v. Thomas Treadway, 2002 WI App 195 For Treadway: Lynn E. Hackbarth Issue/Holding: Fact that probaiton/parole agent wasn’t mental health specialist didn’t preclude him offering lay expert opinion on likelihood of ch. 980 respondent re-offending. Lay expertise may be found under § 907.02, based on relevant experience, education, and/or training… Read more
State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether the trial court erred in refusing to qualify a social worker as an expert in this Ch. 980 supervised release proceeding. Holding: Because the witness had “expertise with respect to treating sex offenders …… Read more
