State v. Alan M. Johnson, 2020 WI App 50, state’s petition for review granted, 9/16/20, affirmed in part, reversed in part, 2021 WI 61; case activity (including briefs) Johnson killed his brother-in-law, K.M., while he was in K.M.’s house, uninvited, to look to see whether K.M. had child porn on his computer. The court of appeals… Read more
15. Evidence
County of Milwaukee v. Christann Spannraft, 2018AP1553 & 1554, 6/23/20, District 1 (one-judge decision; ineligible for publication); case activity (including respondent’s brief) This is a pro se appeal of an OWI-1st conviction. Spannraft raises three claims, all of which are rejected. First, she says the court should have letter introduce evidence about the arresting officer’s… Read more
State v. Mark J. Bucki, 2020 WI App 43; case activity (including briefs) [UPDATED POST – Scroll to the bottom for very useful commentary by Chris Zachar. Many thanks to him for sharing his knowledge.] The headline tells you the only legal proposition you need to take from this soon-to-be-published case: under Daubert, evidence that… Read more
State v. David Gutierrez, 2020 WI 52, reversing in part a published court of appeals opinion, 6/3/20; case activity (including briefs) In a 5-0 decision, SCOW affirms all parts of this published court of appeals decision but one. The court of appeals held that the circuit court erred in refusing to admit evidence that excluded… Read more
State v. Angel Mercado, 2018AP2419-CR, petition for review of a published decision granted 5/19/20; reversed 1/20/21; case activity Issues (from the State’s petition for review): 1. Did the court of appeals contravene §901.03(1)(a) when it directly reviewed Mercado’s forfeited challenges to the admission of the victims’ forensic interview videos into evidence? 2. Did the circuit… Read more
State v. Richard A. Boie, 2019AP520, 3/5/20, District 4 (not recommended for publication); case activity (including briefs) Boie appeals his jury-trial conviction for repeated sexual assault of the same child and the denial of his postconviction motion. He raises issues arising from the videotaped interview of his accuser, admitted under Wis. Stat. § 908.08. On the… Read more
State v. D.L., 2019AP2331, District 1, 3/10/20; (1-judge opinion, ineligible for publication); case activity The State petitioned to terminate D.L.’s parental rights to Y.P.-T. for failure to assume parental responsibility in January 2017 and lost at a jury trial. So when the State filed a new T.P.R. proceeding in October 2018, D.L. moved the circuit… Read more
State v. Ryan C. Diehl, 2020 WI App 16; case activity (including briefs) At Diehl’s trial for operating with a blood-alcohol content exceeding .02, the state asked the arresting officer and Diehl himself multiple questions that invited the jury to infer he had multiple OWI convictions. Because these questions were irrelevant and unfairly prejudicial, trial counsel… Read more
