State v. Charles R. Black, 2009AP2036-CR, District 4, 1/13/10 court of appeals decision (3-judge, not recommended for publication); for Black: Devon M. Lee, SPD, Madison Appellate; case activity; Black BiC; State Resp.; Reply Expert Opinion – “Jensen” Testimony – Failure to Object An expert may testify that a complainant’s behavior is consistent with a sexual… Read more
G. Opinions/experts, Ch. 907
Caselaw prior to amendments to §§ 907.01-.03 may be found: here. These sections were amended by 2011 Wis Act 2 (eff. date 2/1/11), as follows: 907.01 Opinion testimony by lay witnesses. (intro.) If the witness is not testifying as an expert, the witness’s testimony in the form of opinions or inferences is limited to those opinions or… Read more
City of Mequon v. James E. Haynor, 2010AP466-FT, District 2, 9/8/10 court of appeals decision (1-judge, not for publication); for Haynor: Peter L. Ramirez; BiC; Resp.; Reply Expert Witness Qualifications – Lab Chemist: Physiological Effects of Drugs The trial court didn’t erroneously exercise discretion in qualifying as an expert, the supervisor of forensic toxicology at the Wisconsin State Laboratory of Hygiene on the matter… Read more
State v. Christopher D. Jones, 2010 WI App 133; for Jones: Amelia L. Bizzaro; for Amicus, Innocence Network: Jerome F. Buting; BiC; Resp.; Reply; Amicus Br. Evidence – Daubert – Bullet Traced to Particular Gun The court rejects “a blanket rule barring as a matter of course all testimony purporting to tie cartridge cases and… Read more
State v. Corey Kleser, 2010 WI 88, affirming in part, reversing in part, 2009 WI App 43; for Kleser: Devon M. Lee, SPD, Madison Appellate; BiC; Resp.; Reply Reverse Waiver, §§ 938.183(1), 970.032(1) & (2) – Generally ¶69 Nothing in § 970.032(2) places a limitation on the evidence at a reverse waiver hearing so long as the… Read more
supreme court decision; court of appeals decision; for Fischer: James M. Shellow, Robin Shellow, Urszula Tempska Note: federal habeas relief was subequently granted, Richard M. Fischer v. Ozaukee Co. Circ. Ct., ED Wis No. 10-C-553, 9/29/10. Federal appellate and district court cases don’t bind Wisconsin courts, which therefore needn’t follow this habeas decision, e.g., State v. Mechtel… Read more
State v. Craig A. Swope, 2008 WI App 175 For Swope: Dianne M. Erickson Issue: Whether “death scene” analysis from an FBI agent was admissible to establish cause of simultaneous death of two elderly individuals found dead in their home. Holding: ¶25 The general field of crime scene analysis has been recognized as being a… Read more
State v. Louis H. LaCount, 2008 WI 59, affirming 2007 WI App 116 For LaCount: T. Christopher Kelly Issue: Whether the circuit court erroneously admitted an attorney’s expert opinion testimony that LaCount had engaged in a securities transaction. Holding: ¶19 As noted previously, appellate courts use the deferential erroneous exercise of discretion standard when reviewing… Read more
