Anthony Ray Hinton v. Alabama, USSC 13-6440, 2/24/14 (per curiam), vacating Hinton v. State, __So. 3d__, 2013WL 598122 (2/15/13). Docket here. Trial lawyers, listen up. Check your expert witness funding cap before settling for an “expert” you know is sub par. In 1985, managers of 3 different restaurants were robbed and shot—each with two .38… Read more
G. Opinions/experts, Ch. 907
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
City of Port Washington v. David A. Thompson, 2012AP2500, District 2, 6/26/13; court of appeals opinion (1-judge; ineligible for publication); case activity The trial court did not err in allowing Hackworthy, the state’s chemical test expert, to give her opinion that Thompson’s BAC at the time of driving was 0.15 based on average alcohol elimination… 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
County of Marathon v. Paul R. DeBuhr, District 3, 2011AP2959, 10/2/12 court of appeals decision (1-judge, ineligible for publication); case activity ¶13 At the outset, we observe that DeBuhr was given the opportunity to raise his concerns about Hackworthy’s testimony and retrograde extrapolation in the circuit court but failed to do so. DeBuhr never responded to the… Read more
Buffalo County Department of Health & Human Services v. Jennifer C., 2012AP1564, District 3, 9/25/12 court of appeals decision (1-judge, ineligible for publication); case activity Though not “independently admissible,” a long list of damaging items related to Jennifer’s background (such as theparent’s father’s sexual abuse of his daughters, and Jennifer’s own emotional and sexual abuse by… Read more
State v. Britney M. Langlois, 2011AP166-CR, District 4/1, 3/6/12 court of appeals decision (not recommended for publication); for Langlois: Philip J. Brehm; case activity The court of appeals upholds a trial court finding that the prosecutor’s explanation for striking an African-American juror (recent conviction for disorderly conduct) was non-discriminatory: ¶33 After reviewing the record, we are satisfied that the trial… Read more
State v. Anrietta M. Geske, 2012 WI App 15 (recommended for publication); for Geske: Jefren E. Olsen, SPD, Madison Appellate; case activity Sufficiency of Proof – “Utter Disregard” Element (Reckless Homicide, § 940.02(1)) Evidence held sufficient to support reckless homicide element of utter disregard of human life, where deaths resulted from high-speed automobile collision after… Read more
