State v. Michael L. Veach, 2002 WI 110, reversing 2001 WI App 143 For Veach: Suzanne Hagopian, SPD, Madison Appellate Issue: Whether, on charges of sexually assaulting a 7-year old girl, evidence that the defendant had sexually assaulted his 9-year old daughter approximately 11 years earlier was properly admissible. Holding: 1). The evidence was offered for an acceptable… Read more
2001-02 Term
Harold C. Lane, Jr., v. Sharp Packaging, 2002 WI 28, on certification Issue/Holding: The attorney-client privilege shields statements from attorney to client, such as billing records only to the extent that disclosure would “reveal[] the substance of lawyer-client communications.” ¶40. The undisputed record here shows that the sought billing records “contain detailed descriptions of the nature of… Read more
Harold C. Lane, Jr., v. Sharp Packaging, 2002 WI 28, on certification Issue/Holding: A former officer and director of a corporation is not entitled to waive the corporation’s attorney-client privilege, even with regard to information generated during the person’s corporate tenure. Under the “entity rule,” the privilege belongs solely to the corporation, and only the corporation may… Read more
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
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
State v. Johnny L. Green, 2002 WI 68, affirming unpublished court of appeals opinion For Green: Nicolas G. Griswold Issue/Holding: The court modifies the threshold showing required for an in camerainspection, in favor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State v. John T. Trochinski, 2002 WI 56, affirming unpublished decision For Trochinski: James L. Fullin, SPD, Madison Appellate Issue: Whether the defendant met his burden of showing a prima facie case that he didn’t understand an element of the offense to which he pleaded guilty. Holding: ¶22. Wisconsin’s courts have been relying on Bangert since it was written in… 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
