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5. Shiffra-Green

State v. Timothy D. Moseley, 2011AP892-CR, District 1, 5/1/12  court of appeals decision (not recommended for publication); for Moseley: Michael J. Steinle; case activity Moseley’s contention, that he qualified his written consent to search with an oral limitation, was rejected by the trial court as a matter of credibility; that finding of fact is now… Read more

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State v. Samuel Curtis Johnson, III, 2011AP2864-CRAC, District 2, 4/18/12, WSC rev granted 11/14/12 court of appeals decision (not recommended for publication), supreme court review granted 11/14/12; for Johnson: Mark D.   Richards, Michael F. Hart, Craig S. Powell, Geoffrey R. Misfeldt; case activity Shiffra-Green Procedure – Privileged Records – Remedy Where Witness Declines Consent for in Camera… Read more

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State v. Britney M. Langlois, 2011AP166-CR, District 4/1, 3/6/12 court of appeals decision (not recommended for publication); for Langlois: Philip J. Brehm; case activity The court  of appeals upholds a trial court finding that the prosecutor’s explanation for striking an African-American juror (recent conviction for disorderly conduct) was non-discriminatory: ¶33      After reviewing the record, we are satisfied that the trial… Read more

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State v. Crystal P. Keith, 2010AP1667-CR, District 1, 5/24/11 court of appeals decision (not recommended for publication); for Keith: John A. Pray; case activity On Keith’s conviction for reckless homicide in beating death of foster son, statements of her biological daughter (such as, “Why does mama have to go to jail for what my daddy… Read more

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State v. Bryan Peter Leather, 2010AP354-CR, District 1, 4/5/11 court of appeals decision (not recommended for publication); for Leather: Rex Anderegg; case activity Leather argues he was entitled to call the prosecutor as a witness to testify about the complainant’s hearsay statements to her. The 6th amendment right to present a defense (confrontation and compulsory process)… Read more

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In Camera Inspection, Shiffra/Green Material

State v. Donovan L. Lewis, 2009AP2531-CR, District 4, 8/26/10 court of appeals decision (3-judge, not recommended for publication); for Lewis: Shelley Fite, SPD, Madison Appellate; BiC; Resp.; Reply Defense access to a complainant’s privileged counseling records requires first convincing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

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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

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Discovery – Privileged Records

State v. Frederick Robertson, 2003 WI App 84 For Robertson: Jefren Olsen, SPD, Madison Appellate Issue/Holding: Where principal issue concerned the complainant’s credibility, indication first revealed after conviction that she had been treated for depression with psychotic features around the time of the incident required in camera inspection to determine whether her mental health records… Read more

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