State v. Ramon G. Gonzalez, 2012AP1818-CR, District 1, 7/23/13; court of appeals decision (not recommended for publication), petition for review granted, 1/19/14, affirmed, 2014 WI 124; case activity Self-incrimination — requiring defendant to show physical characteristic to jury Where inmate victim of battery by another prisoner identified one of his assailants as an inmate “with platinum… Read more
H. Hearsay, Ch. 908
State v. Roy H. Beals, 2012AP1079-CR, District 2/1, 7/9/13; court of appeals decision (not recommended for publication); case activity Ineffective assistance of counsel Trial counsel in a sexual assault prosecution was not ineffective for failing to object to portions of two different video statements of the child victim (one from 2007, the other from 2009) because the… Read more
State v. Daniel Buchanan, 2011AP830-CR, District 1, 10/30/12 court of appeals decision (not recommended for publication); case activity Hearsay – Prior Consistent Statement, § 908.01(4)(a)2 The prior-consistent statement rule allows substantive admissibility of an out-of-court statement if: “(1) the declarant testifies at trial and is subject to cross-examination concerning the statement; (2) the statement is consistent with the declarant’s… Read more
State v. Anthony L. Prineas, 2012 WI App 2 (recommended for publication), reissued after initial decision withdrawn; for Prineas: Robert R. Henak; case activity; prior history: State v. Prineas, 2009 WI App 28, 316 Wis. 2d 414, 766 NW.2d 206 Evidence – Prior Inconsistent Statements Evidence of complainant KAC’s statements made during an alleged sexual assault were… Read more
City of Waukesha v. James F. Murphy, 2010AP2499, District 1/2, 11/29/11 court of appeals decision (1-judge, not for publication); for Murphy: Leonard G. Adent; case activity The City obtained dismissal of a then-pending OWI-1st, after discovering that Murphy had an OWI-related conviction. (Per Walworth Cnty. v. Rohner, 108 Wis. 2d 713, 722, 324 N.W.2d 682… Read more
State v. David W. Domke, 2011 WI 95, reversing unpublished decision; for Domke: Martha K. Askins, SPD, Madison Appellate; case activity Although Domke establishes deficient performance in several different respects, he fails to satisfy his burden of showing prejudice. Failure to object to hearsay testimony / medical treatment and diagnosis exception inapplicable to counselors and… Read more
State v. Michael A. Clements, 2010AP1978-CR, District 4, 10/13/11 court of appeals decision (not recommended for publication); for Clements: Steven D. Grunder, SPD, Madison Appellate; case activity Counsel’s performance not deficient, against claims that he failed to: impeach the complainant with a prior recorded statement; object on hearsay grounds to admissibility of her statement to a school counselor… Read more
State v. Dion M. Echols, 2010AP2626-CR, District 1, 9/27/11 court of appeals decision (not recommended for publication); for Echols: Amelia L. Bizzaro; case activity Evidence held sufficient to establish “great bodily harm” element of 1st-degree sexual assault, § 940.225(1)(a), where the harm was inflicted a short time after the assault. ¶23 In this case, the trial court… Read more
