State v. Mark E. Johnson, 2011AP2673-CR, District 3, 9/25/12 court of appeals decision (1-judge, ineligible for publication); case activity Cross-examination of Johnson, on trial for possession of marijuana and bail jumping, as to his marijuana use was proper, but as to his use of cocaine (eliciting an admission) was reversible error: ¶10 Johnson concedes that, after… Read more
2. Charachter/conduct
State v. Walter T. Missouri, 2006 WI App 74 For Missouri: Jeffrey W. Jensen Issue: Whether evidence of police officer Mucha’s mistreatment of a 3rd-party (Scull) in an otherwise unrelated but similar instance was admissible to further defendant Missouri’s claim that Mucha was untruthful in denying physical abuse against and planting evidence on Missouri. Holding: This evidence… Read more
State v. Roberto Vargas Rodriguez, 2006 WI App 163, PFR filed 8/28/06 For Rodriguez: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: ¶35 … Rule 906.08(2) permits the cross-examination of a witness about “extrinsic” matters, “if probative of truthfulness or untruthfulness.” Certainly, lying on direct-examination, and repeating the lie on cross-examination, is “probative of truthfulness.” Moreover, Rodriguez… Read more
State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Issue: Whether evidence that the defendant committed a burglary at the age of 13 was admissible as extrinsic evidence to impeach his testimonial denial, on cross-examination, of intent to steal. Holding: § 906.08(2) expressly prohibits using extrinsic evidence of specific instances of conduct… Read more
State v. Troy D. Moore, 2002 WI App 245 For Moore: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: Extrinsic evidence offered by the state solely to bolster a witness’s credibility, by showing that he had provided reliable information leading to the arrests of other drug dealers, violated § 906.08(2). ¶15. (Note: the court holds open the question… Read more
State v. Juan Eugenio, 219 Wis.2d 391, 579 N.W.2d 642 (1998), affirming State v. Eugenio, 210 Wis. 2d 347, 565 N.W.2d 798 (Ct. App. 1997) For Eugenio: Eduardo M. Borda Issue: Whether the defense engaged in attacks on the complainant’s character for truthfulness so as to open the door to opinion testimony that she was truthful. Holding: § 906.08 supports… Read more
