State v. Michael Perzel, III, 2011AP1190-CR, District 4, 12/1/11 court of appeals decision (1-judge, not for publication); for Perzel: Waring R. Fincke; case activity Blood test results are admissible without expert testimony to reflect a person’s bac at the time in question (in this OWI-related prosecution, at the time Perzel was driving), so long as… Read more
G. Opinions/experts, Ch. 907
State v. Olu A. Rhodes, 2009AP25-CR, District 1, 11/22/11 court of appeals decision (not recommended for publication), on remand from, 2011 WI 73; for Rhodes: John J. Grau; case activity Expert witness qualification rests in the sound discretion of the trial court; here, it was well within that discretion to allow the following testimony: ¶4 Marchant, who described… Read more
Newly Discovered Evidence: New Forensic Method, Photogrammetric Analysis; Interest-of-Justice Review
State v. Brian K. Avery, 2011 WI App 148 (recommended for publication), supreme court review granted, 2/23/12; for Avery: Keith A. Findley; case activity; prior 974.06 appeal: 2008AP500-CR; direct appeal: 1997AP317 Newly Discovered Evidence – New Forensic Method – Photogrammetric Analysis Expert photogrammetric opinion, derived from video enhancement technology (“VISAR”) not commercially available until after Avery’s trial… Read more
State v. William M. Hart, 2011AP582, District 1, 8/30/11 court of appeals decision (1-judge, not for publication); for Hart: Craig S. Powell; case activity Although a (DOT-prepared) blood alcohol chart is admissible without expert testimony, State v. Hinz, 121 Wis. 2d 282, 284–85, 360 N.W.2d 56 (Ct. App. 1984), nonethless, “the proponent must lay the proper foundation for the evidence… Read more
State v. Gregg B. Kandutsch, 2011 WI 78, affirming unpublished decision; for Kandutsch: Eileen A. Hirsch, SPD, Madison Appellate; case activity Computer-Generated Report (Electronic Monitoring Device) – Foundation Expert testimony isn’t necessary to lay a foundation for admissibility for a computer-generated EMD report: ¶28 Closing down a trial is not to be taken lightly, which is why the requirement… Read more
State v. Albert M. Virsnieks, 2010AP1967, District 2 / 1, 6/21/11 court of appeals decision (not recommended for publication); pro se; case activity Virsnieks’ plea-based conviction for burglary supported ch. 980 commitment. ¶35 A Wis. Stat. ch. 980 petition must allege, among other things, that a “person has been convicted of a sexually violent offense.”[5]… Read more
Join Mr. Badger in Welcoming Daubert to the Badger State 2011 Wis Act 2 (Senate Bill 1, Special Session Jan. 2011) brings Wisconsin into line with FRE 702 (“Daubert” rule). The Act was signed into law 1/27, but won’t take effect until published (which will be no later than 2/10). A potential sea change in expert… Read more
decision below: unpublished; for Kandutsch: Eileen A. Hirsch, SPD, Madison Appellate; case activity Issues (formulated by On Point): Whether admission into evidence of electronic monitoring daily summary reports requires expert testimony to lay a foundation as to accuracy and reliability. Whether the daily summary reports fall outside the definition of hearsay because they don’t represent assertions… Read more
