State v. Winston B. Eison, 2011 WI App 52; for Eison: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity Preservation of Issue – Motion in Limine Eison objected to introduction of evidence of his arrest on an unrelated offense via motion in limine, which the trial court granted. At trial, however, the court allowed the State to… Read more
E. Privilege, Ch. 905
Winnebago County DHS v. Jenny L. G.-J., 2009AP2956, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Jenny L. G.-J.: Theresa J. Schmieder; case activity The privilege attaching to interactions under direction of a family therapist, § 905.04(1)(b), doesn’t apply to information obtained by “dispositional staff” providing services under § 48.069. ¶11 … Read more
State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply Request for New Counsel An indigent defendant doesn’t have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant… Read more
State v. Donovan L. Lewis, 2009AP2531-CR, District 4, 8/26/10 court of appeals decision (3-judge, not recommended for publication); for Lewis: Shelley Fite, SPD, Madison Appellate; BiC; Resp.; Reply Defense access to a complainant’s privileged counseling records requires first convincing the trial court to conduct an in camera inspection to see if the records contain information… Read more
court of appeals decision; BiC; Resp.; Reply Confidentiality – § 51.30(4) – Emergency Detention Statement Release by a police department of a statement of emergency detention, occasioned by a deputy sheriff’s threat to kill superior officers, violated the § 51.30(4) prohibition on release of “treatment records”; and was not justified by the public policy exception that imposes… Read more
State v. Carmen L. Doss, 2008 WI 93, reversing 2007 WI App 208 For Doss: Robert R. Henak Issue/Holding: Closing argument remarks addressed to Doss’s failure to explain missing funds did not amount to a comment on her failure to testify: ¶81 … [F]or a prosecutor’s comment to constitute an improper reference to a defendant’s… Read more
State v. Keith A. Davis, 2008 WI 71, on Certification For Davis: Chris A. Gramstrup Issue/Holding: ¶20 Principles applicable to polygraph testing are equally applicable to voice stress analysis. See Wis. Stat. § 905.065(1); 7 Daniel D. Blinka,Wisconsin Evidence § 5065.1 (2d ed. 2001) (concluding that there is little reason to treat the forms of honesty testing mentioned in § 905.065 differently, “at least… Read more
State v. Terry L. Kletzien, Jr., 2008 WI App 182 For Kletzien: James A. Rebholz Issue/Holding: ¶8 A person convicted of a crime has a due process right to postconviction discovery if “the desired evidence is relevant to an issue of consequence.” State v. Ziebart, 2003 WI App 258, ¶32, 268 Wis. 2d 468, 673… Read more
