State v. Deandre J. Bernard, 2012AP750-CR, District 4, 10/17/13; court of appeals decision (not recommended for publication); case activity Trial counsel’s failure to impeach witness with mental health condition was not prejudicial Trial counsel was not ineffective for failing to impeach the credibility of a witness who testified that Bernard told her “I think I… Read more
F. Witnesses, Ch. 906
State v. Ronell Howlett, 2012AP1672-CR, District 1, 5/14/13; court of appeals decision (not recommended for publication); case activity Howlett, a school bus driver, was convicted of three counts of sexual assault of C.A., a nine-year-old child he was responsible for driving. (¶¶1-3, 7). Adopting significant portions of the trial court’s postconviction ruling, the court of… Read more
State v. Gene A. Echols, 2013 WI App 58; case activity Echols is entitled to a new trial on charges of child sexual assault because the trial court erred in prohibiting evidence relating to the complainant’s motive to fabricate the assault and in admitting testimony from Echols’s employer that he only stutters when he is… Read more
La Crosse Co. DHS v. Kristle S., 2012AP2005, District 4, 11/21/12 court of appeals decision (1-judge, ineligible for publication); case activity The parent was given a meaningful opportunity to cross-examine the social worker with respect to conditions for the children’s return, in that the trial court permitted extensive questioning on these issues before instructing counsel to pursue a different… Read more
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
State v. Eric Dominique Lesueur, 2011AP1550-CR, District 3, 6/26/12 court of appeals decision (not recommended for publication); case activity By not asserting a discovery violation, for the State’s failure to provide a CD of a witness interview, trial counsel waived any potential issue, and review is limited to counsel’s effectiveness, ¶5. Lesueur can’t meet his… Read more
State v. Andre L. Miller, 2012 WI App 68 (recommended for publication); for Miller: Jeffrey J. Guerard; case activity Haseltine “Vouching” Rule The anti-vouching rule of State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984) (one witness may not comment on the credibility of another witness) isn’t applicable to a pre-trial interrogation during which… 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
