State v. Richard B. Wilkens, 2005 WI App 36 For Wilkens: Waring R. Fincke Issue/Holding: ¶14. In Wisconsin, the general standard for admissibility is very low. Generally, evidence need only be relevant to be admissible. See Wis. Stat. § 904.02; State v. Eugenio, 219 Wis. 2d 391, 411, 579 N.W.2d 642 (1998) (“All relevant evidence is… Read more
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State v. Richard B. Wilkens, 2005 WI App 36 For Wilkens: Waring R. Fincke Issue/Holding: Field sobriety tests (alphabet and finger-to-nose tests; and heel-to-toe walk) “are observational tools, not litmus tests that scientifically correlate certain types or numbers of ‘clues’ to various blood alcohol concentrations,” ¶17. Thus, the officer’s observations of Wilkens’ performance isn’t treated… Read more
State v. Kenneth A. Hudson, 2004 WI App 99 For Hudson: David D. Cook Issue/Holding: ¶13. Hudson also argues he is entitled to court-ordered DNA testing under Wis. Stat. § 974.07(7)(a). Subsection (7)(a) requires the trial court to order DNA testing when the following four conditions are met: A court in which a motion under sub… Read more
State v. Robert F. Hart, 2001 WI App 283 For Hart: John Deitrich Issue: Whether a person voluntarily abandons property when throwing it to the ground during an illegal pat-down. Holding: ¶24. Our own research has uncovered cases that are fatal to the district attorney’s contention. In Lawrence v. Henderson, 478 F. 2d 705, 708 (5th Cir… Read more
State v. Vanessa D. Hughes, 2000 WI 24, 233 Wis. 2d 280, 607 N.W.2d 621, reversing unpublished decision, cert. denied, __ U.S. __ (2001).For Hughes: Andrea Taylor Cornwall, SPD, Milwaukee Appellate. Issue1: Whether “the combination of the strong odor of marijuana coming from the apartment, and the knowledge on the part of the occupants that the police are… Read more
