State v. Justin Yang, 2006 WI App 48 For Olson: John J. Grau Issue/Holding: ¶11 Inquiry into a witness’s bias is always material and relevant. State v. Williamson, 84 Wis. 2d 370, 383, 267 N.W.2d 337, 343 (1978) (bias and improper motive of witness are never collateral). John Henry Wigmore has characterized cross-examination as “beyond any… Read more
a. Bias
State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Issue/Holding:A line of inquiry that suggests potential bias is relevant; however, the witness’s “real and appreciable apprehension” of self-incrimination trumps the right of confrontation. In such an instance it may be necessary to prevent the witness from testifying or to… Read more
State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Holding: A witness’s pending criminal charges are relevant to bias, even absent promises of leniency. ¶55. In this instance, the trial court prohibited cross-examination about whether the witness was receiving benefits from the state for his testimony, but only after the… Read more
State v. Tito J. Long, 2002 WI App 114, PFR filed 5/23/02 For Long: Ann T. Bowe Issue/Holding: Evidence of gang affiliation is admissible (if state shows that defendant in fact was affiliated) to show witness’ bias, per United States v. Abel, 469 U.S. 45, 52 (1984). ¶¶17-19… Read more
