State v. Joseph Hammer, 2010AP3019-CR, District 1, 11/22/11 court of appeals decision (not recommended for publication); for Hammer: Rex Anderegg; case activity The State’s conceded discovery violation (failure to produce reports or photographs related to a trajectory rod investigation) prejudiced the defense and therefore entitles Hammer to a new trial on two counts of attempted… Read more
B. Discovery
State v. Daniel E. Krueger, 2011AP571-CR, District 3, 8/2/11 court of appeals decision (1-judge, not for publication); for Krueger: Ana Lyn Babcock; case activity Prosecutorial failure to disclose a police report containing his statements that “were incriminating and any reasonable prosecutor would have planned on using them at trial” violated Krueger’s right to discovery, ¶23, citing State… Read more
State v. Christopher D. Jones, 2010 WI App 133; for Jones: Amelia L. Bizzaro; for Amicus, Innocence Network: Jerome F. Buting; BiC; Resp.; Reply; Amicus Br. Evidence – Daubert – Bullet Traced to Particular Gun The court rejects “a blanket rule barring as a matter of course all testimony purporting to tie cartridge cases and… Read more
State v. Juan M. Sandoval, 2009 WI App 61, PFR filed 5/6/09 For Sandoval: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: The State need not disclose bona fide rebuttal evidence, the test for which turns on whether the evidence “only became necessary at rebuttal” (as opposed to whether it would have been admissible or useful… Read more
Custodian of Records for Legislative Technology Services Bureau v. State, 2004 WI 65, reconsideration denied, 2004 WI 149 Issue/Holding: ¶11 Wahl contends that Wis. Stat. § 13.96, as it interacts with Wis. Stat. § 905.01, creates a statutory privilege that, while not expressly stated, is implicit in LTSB’s obligation to treat all information within its possession as… Read more
State v. Ludwig Guzman, 2001 WI App 54, 241 Wis. 2d 310, 624 N.W.2d 717 For Guzman: Robert E. Haney Issue: Whether the trial court properly excluded a defense witness who had not been timely named as a witness. Holding: ¶22 The record supports the trial court’s discretionary decision to exclude Rosado’s testimony. Guzman was… Read more
State v. Peter Ballos, 230 Wis.2d 495, 602 N.W.2d 117 (Ct. App. 1999). For Ballos: Robert N. Myeroff. Issue: Whether the trial court should have ordered production of the state’s witness’s mental health records, for in camera inspection, upon showing that the witness had been hospitalized for depression and was obsessed with bomb-building, and where… Read more
