Harold C. Lane, Jr., v. Sharp Packaging, 2002 WI 28, on certification Issue/Holding: Although a mere allegation is insufficient, the burden for establishing a prima facie case of the attorney-client crime-fraud exception is low — reasonable cause (i.e., more than suspicion but less than preponderance-of-evidence) to believe that the attorney’s services were utilized in furtherance of the… Read more
E. Privilege, Ch. 905
Harold C. Lane, Jr., v. Sharp Packaging, 2002 WI 28, on certification Issue/Holding: Work-product is a “qualified privilege” to refuse disclosure of materials generated by counsel in anticipation of litigation that only gives way upon showing of substantial need along with undue hardship in obtaining the substantial equivalent through other means. ¶61. The trial court erroneously exercised… Read more
In Re: A Witness Before the Special Grand Jury, 288 F.3d 289 (7th Cir. 2002) Issue/Holding: Privilege between government lawyer and client — state agency — does not extend to criminal proceedings such as grand jury investigation… Read more
State v. Johnny L. Green, 2002 WI 68, affirming unpublished court of appeals opinion For Green: Nicolas G. Griswold Issue/Holding: The court modifies the threshold showing required for an in camerainspection, in favor of “a slightly higher standard,” namely a “‘reasonable likelihood’ that the records will be necessary to a determination of guilt or innocence.”¶32. ¶34. Based on the… Read more
State v. Joseph F. Rizzo, 2002 WI 20, reversing and remanding 2001 WI App 57, 241 Wis. 2d 241, 624 N.W.2d 854 For Rizzo: Franklyn M. Gimbel Issue: Whether the prosecution opened the door to otherwise privileged “Shiffra” evidence. Holding: ¶51. Before trial, the circuit court found that there was nothing relevant in D.F.’s treatment records that was… Read more
State v. Juan M. Navarro, 2001 WI App 225 For Navarro: Joseph M. Moore, SPD Trial, Juneau Issue: Whether the trial court is required to conduct an in camera inspection of confidential records of the complaining witness, a correctional officer, relating to his possible abusive treatment of inmates, in a battery-by-prisoner trial where the defendant alleges… Read more
State v. Terrance W. Walther, 2001 WI App 23, 240 Wis. 2d 619, 623 N.W.2d 205 For Walther: Raymond M. Dall’Osto, Kathryn A. Keppel Issue: Whether the defendant’s motion for in camera inspection of the child sexual assault complainant’s confidential records should have been granted. Holding: ¶11 Here, Walther established more than the mere possibility that… Read more
State v. Curtis M. Agacki, 226 Wis.2d 349, 595 N.W.2d 31 (Ct. App. 1999) For Agacki: John M. Carroll. Issue: “(W)hether whether the psychotherapist-patient privilege can prevent a police officer, at a suppression motion hearing, from testifying about a psychotherapist’s account of a patient’s disclosure, which provided the basis for the officer’s probable cause to search… Read more
