State v. Larry J. Smith, 2016 WI App 8; case activity Ordinarily, “the third time’s a charm.” But here, with its third decision rejecting a Daubert challenge to expert testimony, the court of appeals triple underscores just how flexible the test really is. The decision also addresses a vouching issue. The State charged Smith with repeated sexual… Read more
5. Daubert
State v. Joseph J. VanMeter, 2014AP1852-CR, 11/24/15, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs) Following the footsteps of State v. Warren, No. 2012AP1727-CR, unpublished slip op. (WI App Jan. 16, 2013), the court of appeals holds that an officer’s testimony about how a defendant performed on an HGN test is not subject… Read more
State v. Tiron Justin Grant, 2014AP2965-CR, District 1, 11/24/2015 (not recommended for publication); case activity (including briefs) The court serially takes up and rejects each of Grant’s challenges to his conviction, at trial, of possessing cocaine with intent to deliver, as well as the sentencing court’s denial of ERP/SAP and CIP eligibility. Various police officers testified… Read more
Seifert v. Balink, 2015 WI App 59, petition for review granted 11/4/15; affirmed, 2017 WI 2; case activity (including briefs) While this case involves a medical malpractice claim rather than an issue of criminal law, On Point thought it worth noting because it will be the first time the Wisconsin Supreme Court will address the admissibility of expert… Read more
State v. Lance Donelle Butler, Jr., 2014AP1769-CR, District 1, 6/9/15 (not recommended for publication); case activity (including briefs) Using cell phone tower data provided by Butler’s cell phone service provider to make a map of where Butler had used his cell phone on the day of the crime didn’t require “scientific, technical, or other specialized knowledge” under… Read more
State v. Todd J. Giese, 2014 WI App 92; case activity Expert testimony regarding retrograde extrapolation of Giese’s blood alcohol concentration is admissible under new version of § 907.02(1) despite the fact some experts doubt its reliability because it was the product of reliable principles and methods and based upon sufficient facts and data. Giese, who was charged with operating… Read more
State v. Ross Timothy Litke, 2013AP1606-CR, 3/11/14, District 1 (1-judge opinion, ineligible for publication); case activity This was a potentially interesting Daubert case. The police stopped the car Litke was driving because a tail light was out. The officer noticed Litke’s bloodshot eyes and asked if he had been drinking. “Yes, a few beers,” Litke replied. The… Read more
Now that Wisconsin follows Daubert, perhaps you can challenge the cell tower tracking evidence the State plans to present in your case as “junk science.” Click here for an ABA Journal story about how to do it. According to defense expert Michael Cherry: “No one who understands the relevant science would ever claim that data… Read more
