On Point: 2. Evidentiary decision

State v. Dennis D. Lemoine, 2010AP2597-CR, District 4, 9/15/11

court of appeals decision (not recommended for publication); for Lemoine: Donna L. Hintze, Katie R. York, SPD, Madison Appellate; case activity; supreme court review granted, 1/25/12

¶18      We agree with the trial court that the balance of the defendant’s personal characteristics against the tactics used by the police renders this is a “close case.”  However,

7th circuit decision

Habeas Review – Inadmissible Evidence – Harmless Error

Error in jury exposure, during deliberations, to inadmissible police report deemed harmless where the report contained merely cumulative information, the trial court gave a curative instruction, and the evidence against Brown was overwhelming.

The standard on direct appeal for measuring reversible error is the familiar Chapman test, whether the error was harmless beyond a reasonable doubt.

State v. Jimmie Lee Higgins, 2010AP861-CR, District 1, 2/1/11

court of appeals decision (3-judge, not recommended for publication); for Higgins: Ellen Henak, SPD, Milwaukee Appellate; case activity; Higgins BiC; State Resp.; Reply

Any error with respect to exclusion of the victim’s pretrial statement to the police in one instance, and admissibility of her statements to a nurse, would be harmless.

State v. Marlon M. Anderson, 2010AP742-CR, District 1/4, 12/9/10

court of appeals decision (3-judge, not recommended for publication); for Anderson: Angela Conrad Kachelski; Anderson BiC; State Resp.

A defendant’s statement made voluntarily but in violation of Miranda isn’t admissible in the State’s case-in-chief, but is admissible if the defendant testifies and the statement is inconsistent with his testimony. The question raised here relates to how such inconsistency is measured: whether outright contradictions are necessary,

State v. Jason M. Bruckbauer, 2009AP1823-CR, District 4, 8/19/10

court of appeals decision (3-judge, not recommended for publication); for Bruckbauer: Dennis Schertz; BiC; Resp.; Reply

Harmless Error

Any error in admission of a pretrial ID of Bruckbauer from a photo array was harmless, where: the challenged ID didn’t directly implicate him in the homicide but merely placed him at the scene;

State v. Larry J. Sprosty, 2001 WI App 231, PFR filed

For Sprosty: Jack E. Schairer, SPD, Madison Appellate

Issue: Whether the trial court erred in refusing to qualify a social worker as an expert in this Ch. 980 supervised release proceeding.

Holding: Because the witness had “expertise with respect to treating sex offenders … she was qualified to give her opinion on the ultimate issue.” ¶29.