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
F. Witnesses, Ch. 906
State v. Britney M. Langlois, 2011AP166-CR, District 4/1, 3/6/12 court of appeals decision (not recommended for publication); for Langlois: Philip J. Brehm; case activity The court of appeals upholds a trial court finding that the prosecutor’s explanation for striking an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State v. Olu A. Rhodes, 2009AP25-CR, District 1, 11/22/11 court of appeals decision (not recommended for publication), on remand from, 2011 WI 73; for Rhodes: John J. Grau; case activity Expert witness qualification rests in the sound discretion of the trial court; here, it was well within that discretion to allow the following testimony: ¶4 Marchant, who described… Read more
State v. James T. Kettner, 2011 WI App 142 (recommended for publication); for Kettner: Andrew R. Hinkel, Jefren E. Olsen, SPD, Madison Appellate; case activity Hearing-Impaired Juror – Inability to Hear Certain Testimony A juror’s inability to hear most of alleged victim S.K.’s answers in a videotaped interview didn’t violate Kettner’s rights to impartial jury… Read more
State v. Anthony M. Smith, 2009AP2867-CR, District 1/4, 3/3/11 court of appeals decision (not recommended for publication); for Smith: Rodney Cubbie, Syovata K. Edari; case activity Trial court’s limitations on cross-examination with respect to State witness’s “prior mental condition” or use of medications (prescribed for his Bipolar Disorder and Attention Deficit Disorder) upheld as proper exercise… Read more
State v. Derek J. Copeland, 2011 WI App 28; for Copeland: David Leeper; case activity Trial court has discretion under § 906.15(3) to order an attorney not to discuss with a sequestered witness who hasn’t yet testified the testimony of other witnesses; this authority extends to barring counsel from providing the sequestered witness with a… Read more
State v. Charles R. Black, 2009AP2036-CR, District 4, 1/13/10 court of appeals decision (3-judge, not recommended for publication); for Black: Devon M. Lee, SPD, Madison Appellate; case activity; Black BiC; State Resp.; Reply Expert Opinion – “Jensen” Testimony – Failure to Object An expert may testify that a complainant’s behavior is consistent with a sexual… Read more
State v. Patrick R. Patterson, 2010 WI 130, affirming 2009 WI App 181; for Patterson: David R. Karpe; Patterson BiC; State Resp.; Reply Multiplicity – § 948.40(1) (4)(a) as Lesser Offense of § 940.02(2)(a) Contributing to the delinquency of a minor with death as a result, § 948.40(1), (4)(a) is not a lesser offense of first-degree… Read more
