State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Issue/Holding A witness’s pending criminal charges are relevant to bias, even absent promises of leniency. ¶55. In this instance, the trial court prohibited cross-examination about whether the witness was receiving benefits from the state for his testimony, but only after… Read more
48. Witnesses
State v. Cornelius R. Reed, 2002 WI App 209, PFR filed 7/16/02 For Reed: Stephanie G. Rapkin Issue/Holding: The trial court has discretion to deny a defense request that a witness be allowed to testify in street rather than jail clothes. That discretion was properly exercised here: allowing the witnesses to change in bullpens would have… Read more
State v. Johnny L. Green, 2002 WI 68, affirming unpublished court of appeals opinion For Green: Nicolas G. Griswold Issue/Holding: ¶40. Green contends that the prosecutor, not the witness, violated the sequestration order by conversing with the witness during trial…. Green has not provided any support for the contention that a prosecutor violates a sequestration… Read more
State v. Stanley A. Samuel, 2002 WI 34, reversing 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565 For Samuel: Robert A. Henak Issue/Holding: “¶35. Under Velez, first the defendant must bring a motion to suppress, alleging facts sufficient to show that a statement was involuntary under Clappes and that the police misconduct… Read more
State v. Stanley A. Samuel, 2002 WI 34, reversing 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565 For Samuel: Robert A. Henak Issue/Holding: “¶30. With due process as our touchstone, we conclude that when a defendant seeks to suppress witness statements as the product of coercion, the police misconduct must be more… Read more
State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether an expert witness’s testimony should have been struck retrospectively when it became known, after the proceeding had concluded, that he had lied about his credentials and background, and had committed misconduct, causing him to be… Read more
State v. James G. Langenbach, 2001 WI App 222 For Langenbach: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether the state may call a defendant to testify, as an adverse witness, at Phase II of an NGI trial, following Phase I guilty plea. Holding: A guilty plea doesn’t necessarily result in loss of fifth amendment… Read more
State v. Aaron Evans, 2000 WI App 178, 238 Wis.2d 411, 617 N.W.2d 220 For Evans: Steven D. Phillips, SPD, Madison Appellate Issue: Whether the trial court erroneously exercised discretion in preventing a DNA expert from sitting at counsel table. Holding: “|10 We are satisfied that, on this record, the circuit court did not erroneously… Read more
