State v. Joseph F. Rizzo II, 2003 WI App 236, PFR filed 11/13/03, on appeal after remand of State v. Rizzo I, 2002 WI 20 For Rizzo: Kathryn A. Keppel, Raymond M. Dall’osto Issue: Whether Rizzo is entitled to a psychological examination of the sexual assault complainant pursuant to State v. Maday, 179 Wis. 2d… Read more
G. Opinions/experts, Ch. 907
State v. Steven G. Walters, 2003 WI App 24, reversed on other grds., 2004 WI 18 For Walters: Jenelle L. Glasbrenner, David A. Danz Issue/Holding: ¶28. Again, the admissibility of expert testimony is committed to the discretion of the trial court. Friedrich, 135 Wis. 2d at 15. At the offer of proof hearing, Walters’s proposed… 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State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision For St. George: Donald T. Lang, SPD, Madison Appellate Issue: “Was the circuit court’s exclusion of the testimony of the defendant’s expert witness an erroneous exercise of discretion, or alternatively, a deprivation of the defendant’s constitutional right to present evidence… Read more
State v. Glenn E. Davis, 2002 WI 75, reversing and remanding 2001 WI App 210, 247 Wis. 2d 917, 634 N.W.2d 922 For Davis: James M. Shellow Issue: Whether Richard A.P. evidence — that the defendant lacks the psychological characteristics of a sex offender and, therefore, was unlikely to have committed the charged offense —… Read more
State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision For St. George: Donald T. Lang, SPD, Madison Appellate Issue: “Was the circuit court’s exclusion of the testimony of the defendant’s expert witness an erroneous exercise of discretion, or alternatively, a deprivation of the defendant’s constitutional right to present evidence… Read more
State v. Tito J. Long, 2002 WI App 114, PFR filed 5/23/02 For Long: Ann T. Bowe Issue/Holding: Officer’s background, including “gang training” and investigations into numerous gang-related shootings, made him qualified to testify as to gang activities in city. ¶26… Read more
State v. Carlos R. Delgado, 2002 WI App 38 For Delgado: Richard D. Martin, Diana M. Felsmann, SPD, Milwaukee Appellate Issue/Holding: ¶8. After reviewing these cases, we can discern some general rules: (1) an expert witness can offer opinion testimony only if it complies with Wis. Stat. § 907.02; (2) the testimony can include opinions… Read more
