15. Evidence

Review of an unpublished court of appeals decision; case activity (including briefs); petition for review Issues (composed by On Point) (1)  May a prosecutor argue that a defendant’s refusal to submit to a breathalyzer test shows consciousness of guilt? (2)  When a circuit court denies a postconviction motion based on arguably inapplicable case law, must the defendant… Read more

State v. Ali Garba, 2015AP1243-CR, District 2, 10/5/16 (one-judge decision; ineligible for publication); case activity (including briefs) Garba wanted to present testimony from two expert witnesses about possible reliability problems with the gas chromatography tests of his blood, but the circuit court wouldn’t let him. The court of appeals holds the circuit court properly exercised… Read more

State v. Steven N. Jackson, 2015AP2682, 9/22/16, District 4 (1-judge decision; ineligible for publication); case activity (including briefs) Steven Jackson was arrested for OWI and also charged with a refusal to submit to a blood test. On appeal of the refusal, he first argues that the officers lacked probable cause to arrest him. The court of… Read more

Review of an unpublished court of appeals opinion; case activity (including briefs) Issues (composed by On Point) Whether Nieves’s confrontation right was violated when the trial court permitted a witness to testify about a non-testifying co-defendant’s confession that, by implication, inculpated Nieves. Whether a surviving victim’s testimony that someone had told him Nieves was planning… Read more

State v. Lory F. Kerk, 2015AP2608-CR, District 3, 9/13/16 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court didn’t err in allowing the state to elicit testimony from its expert toxicologist that Kerk was impaired by the amount of alcohol and prescription drugs found in her blood. Kerk’s BAC was .063 and… Read more

State v. Gary Abdullah Salaam, 2014AP2666-CR & 2667-CR, 9/13/2016, District 1 (Not recommended for publication); case activity (including briefs) Salaam raises four claims challenging his convictions, at jury trial, of recklessly endangering safety, being a felon in possession of a firearm, and three counts of witness intimidation. The court affirms as to the first two… Read more

Oconto County v. Jonathan E. Van Ark, 2015AP1415, 8/23/16; District 3 (1-judge opinion; ineligible for publication); case activity (including briefs) Van Ark was sitting in his parked pickup truck when a deputy approached him, smelled alcohol, saw his glossy, blood-shot eyes, and observed his slow, slurred speech.  A subsequent hospital blood draw indicated that Van… Read more