On Point blog, page 2 of 2
Appellate Procedure – Harmless Error Test – Confrontation
State v. Harry L. Seymer, 2005 WI App 93
For Seymer: Andrea T. Cornwall, SPD, Milwaukee Appellate
Issue/Holding: Improper termination of defendant’s cross-examination of the sexual assault complainant was not harmless error, where abbreviated though it was, cross had already “raise(d) serious questions concerning A.S.’s credibility and the veracity of her account …. Thus, it is within the realm of reasonable possibility that the completed cross-examination would have produced evidence that seriously undermined the credibility and recollections of the victim,
Cross-examination — Bias — Pending Charges
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 the witness testified outside the jury’s presence that there were none.