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
41. Trial Procedures
State v. David Arredondo, 2004 WI App 7, PFR filed 1/22/04 For Arredondo: James A. Rebholz Issue/Holding: ¶11. A defendant’s right to testify is a fundamental constitutional right. State v. Simpson, 185 Wis. 2d 772, 778, 519 N.W.2d 662, 663 (Ct. App. 1994). A defendant may, however, waive the right to testify. State v. Wilson… Read more
State v. Derryle S. McDowell, 2003 WI App 168, PFR granted, affirmed, 2004 WI 70 For McDowell: Christopher J. Cherella Amici: Keith A. Findley, John T. Savee, John A. Pray, Frank Remington Center & WACDL Issue/Holding: ¶9 n.4: We remind counsel and the court of our concerns about off-the-record discussions. See Coston v. Joseph P., 222… Read more
State v. Richard N. Konkol, 2002 WI App 174 For Konkol: Brian Hough Issue/Holding: The proper test for admissibility of rebuttal evidence isn’t whether it could have been admitted in, or would have been useful to, the state’s case-in-chief, but whether it meets new facts put in by the defendant. ¶¶18-19. ¶18 Thus, the only… Read more
State v. Garren G. Gribble, 2001 WI App 227 For Gribble: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether the trial court erred in questioning prospective jurors outside the presence of defendant and counsel, on “hardship and infirmity requests” not to serve. Holding: Questioning jurors about undue hardships “does not implicate the purposes of voir… Read more
State v. William F. Williams, 2000 WI App 123, 237 Wis.2d 591, 614 N.W.2d 11 For Williams: Steven P. Weiss, SPD, Madison Appellate Issue: Whether the trial court improperly refused to adjourn trial so that the defense could secure presence of a witness. Holding: Because the absent witness’s proposed testimony was vague as to details… Read more
State v. Lawrence P. Peters, 2000 WI App 154, 237 Wis. 2d 741, 615 N.W.2d 655, petition for rev. gr., 11/15/00, reversed on other grounds, 2001 WI 74 For Peters: Jane K. Smith Issue: Whether a prior offense may be used to enhance a current one, where the plea and sentencing on the prior offense… Read more
State v. David S. Leighton, 2000 WI App 156, 237 Wis.2d 709, 616 N.W.2d 126 For Leighton: Daniel Snyder Issue: Whether the trial court erroneously exercised discretion in denying a continuance based on assertions that lead counsel wanted to obtain assistance of another attorney in trying the case, and also was having difficulty locating certain… Read more
