On Point blog, page 1 of 1

Confrontation – Generally: Statements Made by Prosecutor and Judge in Transcript Read to Jury

State v. Donald W. Jorgensen, 2008 WI 60, reversing unpublished decision
For Jorgensen: Martha K. Askins, SPD, Madison Appellate

Issue: The present convictions stemmed from Jorgensen showing up for an otherwise unrelated hearing intoxicated; without objection, the prosecutor obtained admission of that hearing’s transcript, which the trial court read to the jury: is Jorgensen entitled to relief on the ground of violation of right to confrontation,

Read full article >

Appellate Procedure – Waiver of Argument: Confrontation – Crawford Issue, Trial Held Before Crawford Decided

State v. Jeffrey Lorenzo Searcy, 2006 WI App 8
For Searcy: Joseph L. Sommers

Issue/Holding: Failure to raise a Crawford objection didn’t amount to waiver: “However, Searcy could not have raised at trial a Confrontation Clause claim based on Crawford v. Washington, 541 U.S. 36 (2004), because his December 2002 trial preceded the March 2004 Crawford decision by well over a year.

Read full article >

Appellate Procedure – Waiver of Argument: Confrontation – Relevance Objection Insufficient

State v. Mahlik D. Ellington, 2005 WI App 243
For Ellington: Andrea Taylor Cornwall

Issue/Holding: An objection on relevancy grounds does not preserve a confrontation-based argument, ¶14.

 

 

Read full article >