State v. Daniel H. Kutz, 2003 WI App 205, PFR filed 10/27/03 For Kutz: T. Christopher Kelly Issue: Whether the declarant’s statement to another relating a threat by the defendant was admissible as an excited utterance, § 908.03(2). Holding: ¶65. We agree with the State that the first two elements of this exception are met… Read more
H. Hearsay, Ch. 908
State v. Daniel H. Kutz, 2003 WI App 205, PFR filed 10/27/03 For Kutz: T. Christopher Kelly Issue: Whether statements made by the declarant to others describing various threats made by the defendant were admissible under the state-of-mind hearsay exception, § 908.03(3). Holding: ¶60 Since there are no Wisconsin cases that have resolved this issue… Read more
State v. Robert L. Snider, 2003 WI App 172, PFR filed 8/22/03 For Snider: Timothy J. Gaskell Issue: Whether a child-victim’s videotaped statement must satisfy all the conditions in § 908.08, or may instead satisfy the residual exception. Holding: ¶12. We agree with the State that the plain language of Wis. Stat. § 908.08(7) permits the admission of a child’s… Read more
State v. Daniel H. Kutz, 2003 WI App 205, PFR filed 10/27/03 For Kutz: T. Christopher Kelly Issue/Holding1: ¶51. The recent perception exception is similar to the hearsay exceptions for present sense impression and excited utterances, but was intended to allow more time between the observation of the event and the statement in cases where… Read more
State v. Luther Williams, III, 2002 WI 58, reconsideration denied 2002 WI 118; on certification For Williams: Martha K. Askins, SPD, Madison Appellate Issue: Whether a crime lab report is admissible under the business records exception, § 908.03(6). Holding: ¶48. There can be little question that when state crime labs generate reports like those at… Read more
State v. Gary L. Gordon, 2002 WI App 53, affirmed, 2003 WI 69 For Gordon: Steven P. Weiss, SPD, Madison Appellate Issue: Whether proof-of-service documents, introduced to show defendant’s knowledge of a domestic violence injunction, violated the hearsay rule. Holding: ¶43. … However, these documents were not made under oath or attested to in any… Read more
State v. Shelleen B. Joyner, 2002 WI App 250, PFR filed 10/24/02 For Joyner: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶18. Shelleen Joyner argues that Trudy Joyner’s statement is against her penal interest, however, because Trudy Joyner admitted that she “knowingly helped a robber escape.” We disagree. “[W]hen ruling upon a narrative’s admissibility …… Read more
State ex rel. Willie C. Simpson v. Schwarz, 2002 WI App 7, PFR filed 1/11/02 Issue/Holding: Child-sexual-assault-victim’s hearsay statement in this revocation case satisfies test for admissibility under residual exception, State v. Sorenson, 143 Wis. 2d 226, 421 N.W.2d 77 (1988)… Read more
