State v. Victor K. Johnson, 2004 WI 94, affirming unpublished decision of court of appeals Issue: Whether the State impermissibly cross-examined the defendant about the truthfulness of another witness. Holding: ¶2. We conclude that the purpose and effect of the prosecutor’s cross-examination of Johnson was to impeach Johnson’s credibility, not to bolster the credibility of… Read more
F. Witnesses, Ch. 906
State v. Bernell Ross, 2003 WI App 27, PFR filed 2/21/03 For Ross: Andrew Mishlove Issue/Holding: ¶44. The State charged Gundy as an accomplice to Ross’s criminal activity. Gundy was arrested in Maryland, and brought back to Milwaukee where he was held in custody. Ross contends that pursuant to a plea agreement, Gundy was released… Read more
State v. Gary M.B., 2003 WI App 72, affirmed, 2004 WI 33 For Gary M.B.: T. Christopher Kelly Issue/Holding: ¶24. Wisconsin Stat. § 906.09 permits the admission of prior convictions for impeachment purposes. (See text of statute at ¶9.) The statute reflects the presumption that “a person who has been convicted of a crime is less likely… Read more
State v. Stanley A. Samuel, 2002 WI 34, reversing 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565; habeas denied, Samuel v. Frank, 525 F. 3d 566 (7th Cir 2008) For Samuel: Robert A. Henak Issue/Holding: ¶30. With due process as our touchstone, we conclude that when a defendant seeks to suppress witness statements as the product… Read more
State v. Andre Bolden, 2003 WI App 155, PFR filed 7/2/03 For Bolden: Mark S. Rosen Issue/Holding: A defendant may be asked whether another witness offering contradicting testimony “is lying,” ¶11. The seminal case is State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984): one witness may not give an opinion as to whether… Read more
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 Issue/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… Read more
State v. Johnny L. Green, 2002 WI 68, affirming unpublished court of appeals opinion For Green: Nicolas G. Griswold Issue/Holding: ¶40. Green contends that the prosecutor, not the witness, violated the sequestration order by conversing with the witness during trial…. Green has not provided any support for the contention that a prosecutor violates a sequestration… Read more
