State v. Victor K. Johnson, 2004 WI 94, affirming unpublished decision of court of appeals Issue: Whether the State impermissibly cross-examined the defendant about the truthfulness of another witness.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
6. Vouching for Other Witness
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. Carlos R. Delgado, 2002 WI App 38 For Delgado: Richard D. Martin, Diana M. Felsmann, SPD, Milwaukee Appellate Issue/Holding: ¶8. After reviewing these cases, we can discern some general rules: (1) an expert witness can offer opinion testimony only if it complies with Wis. Stat. § 907.02; (2) the testimony can include opinions… Read more
State v. David C. Tutlewski, 231 Wis.2d 379, 605 N.W.2d 561 (Ct. App. 1999) For Tutlewski: Dianne M. Erickson Issue: Whether one witness’s opinion that state’s witnesses were incapable of lying invaded the jury’s province. Holding: This testimony violated the rule that one witness may not testify to the credibility of another witness. The alleged sexual assault… Read more
