decision below: unpublished; for Kandutsch: Eileen A. Hirsch, SPD, Madison Appellate; case activity Issues (formulated by On Point): Whether admission into evidence of electronic monitoring daily summary reports requires expert testimony to lay a foundation as to accuracy and reliability. Whether the daily summary reports fall outside the definition of hearsay because they don’t represent assertions… Read more
H. Hearsay, Ch. 908
State v. Marlon M. Anderson, 2010AP742-CR, District 1/4, 12/9/10 court of appeals decision (3-judge, not recommended for publication); for Anderson: Angela Conrad Kachelski; Anderson BiC; State Resp. A defendant’s statement made voluntarily but in violation of Miranda isn’t admissible in the State’s case-in-chief, but is admissible if the defendant testifies and the statement is inconsistent with… Read more
State v. Devon A. Sheriff, 2009AP3095-CR, District 1, 11/16/10 court of appeals decision (3-judge, not recommended for publication); for Sheriff: Jeffrey W. Jensen; Sheriff BiC; State Resp. Sheriff, convicted at jury trial of participating in drug sale, unsuccessfully appeals trial judge’s refusal to admit into evidence codefendant’s statements. ¶12 We conclude that the statements that… Read more
decision below: 2010 WI App 42; for Beauchamp: Martin E. Kohler, Craig S. Powell Issues (from Table of Pending Cases): Does the confrontation clause bar admission of testimonial dying declarations against a defendant in light of Crawford v. Washington, 541 U.S. 36 and State v. Manuel, 2005 WI 75, 281 Wis. 2d 554, 697 N.W.2d… Read more
State v. Corey Kleser, 2010 WI 88, affirming in part, reversing in part, 2009 WI App 43; for Kleser: Devon M. Lee, SPD, Madison Appellate; BiC; Resp.; Reply Reverse Waiver, §§ 938.183(1), 970.032(1) & (2) – Generally ¶69 Nothing in § 970.032(2) places a limitation on the evidence at a reverse waiver hearing so long as the… Read more
court of appeals decision (3-judge; not recommended for publication); for Jackson: Byron C. Lichstein; BiC; Resp.; Reply Hearsay, Child Sexual Assault, Residual Exception Statements by youthful sex assault complainants admissible under residual hearsay exception, court rejecting idea that it’s thereby allowing exception to swallow general rule against hearsay admissibility; confrontation objection forfeited). Counsel – Strategic… Read more
court of appeals decision, affirmed, 2011 WI 27; for Beauchamp: Martin E. Kohler, Craig S. Powell; case activity Dying Declaration, § 908.045(3) ¶8 … dying declaration, codified in Wisconsin Stat. Rule 908.045(3): “A statement made by a declarant while believing that the declarant’s death was imminent, concerning the cause or circumstances of… Read more
court of appeals decision (1-judge; ineligible for publication) Statement against Interest, Exculpating Defendant Against-interest statement exculpating defendant admissible. Declarant unavailable, given reasonable but unsuccessful efforts to subpoena. Contrary to trial court, statement not ambiguous but was direct admission of crime and corroborated by having been made to different people on different occasions… Read more
