On Point: L. Harmless Error

State v. George A. Trinka, 2013AP539, District 2, 12/18/13; (not recommended for publication); case activity

A jury found Trinka guilty of 1st-dgree reckless homicide and 1st-degree recklessly endangering safety, both with use of a weapon.  The issue on appeal was whether the trial court erred in allowing the State to introduce into evidence a family photograph of the victim, his wife, and their children.  Trinka argued that the photo was irrelevant and prejudicial in that it improperly invoked the jury’s sympathy. 

Review of unpublished per curium court of appeals decision; case activity

Issue (from state’s petition for review)

Whether, if it was error for the trial court to prevent a defense witness from testifying about particular facts relevant to the defense, the error was harmless.

Hunt was charged with child sexual assault and causing a child to view a depiction of sexual activity, the latter charge based on an alleged video on Hunt’s cell phone showing a man and woman having intercourse.

Review of unpublished per curiam court of appeals decision; case activity

Issue (composed by On Point)

Does harmless error analysis apply when a trial judge erroneously denies a defendant the right to testify in her own defense?

Nelson wanted to testify in her child sexual assault trial, and the court engaged in a colloquy with her about waiving her right to remain silent, see State v.

State v. Trenton James Dawson, 2013AP834-Cr, District 1, 12/3/13 (not recommended for publication); case activity

This decision points up a problem in Wisconsin case law: How does an appellate court analyze “harmless error” in a situation where the trial court denies a motion to suppress a defendant’s confession, which then causes him to plead guilty?

Police interrogated Dawson for 30-45 minutes in the back of a squad car about his friend’s death.  

State v. Courtney C. Beamon, 2013 WI 47, on review of published court of appeals decision; case activity; majority opinion by Justice Roggensack

Beamon was tried for fleeing an officer under § 346.04(3), which requires proof that the person knowingly fled or attempted to elude an officer in one of three ways:  1) by willful or wanton disregard of a visible or audible signal so as to interfere with or endanger the operation of the police officer or other vehicles or pedestrians; 

State v. Lamont L. Travis, 2013 WI 38, affirming published court of appeals decision, 2012 WI App 46, 340 Wis. 2d 639, 813 N.W.2d 702; case activity

¶9   The question of law presented to this court is whether a circuit court’s imposition of a sentence using inaccurate information that the defendant was subject to a mandatory minimum five-year period of confinement is structural error or subject to the application of harmless error analysis…. 

State v. Desmond Dejuan Laster, 2012AP1739-CR, District 1, 4/2/13; court of appeals decision (not recommended for publication); case activity

The trial court did not erroneously exercise its discretion in making two evidentiary rulings or in denying Laster’s  motion for a mistrial.

On the first evidentiary ruling, the court of appeals holds the trial court properly exercised its discretion in allowing the prosecutor to ask Hunt, a defense witness,

State v. Jacob Turner, 2013 WI App 23;  case activity

Addressing an unusual set of facts, the court of appeals holds Turner’s constitutional rights to an impartial jury and due process were not violated by the seating of a juror who had not been summoned for service and who did not disclose that to the court.

A summons for jury duty was sent to “John P.

State v. Tavoris A. Murphy, Sr., 2012AP505-CR, District 4, 2/28/13; court of appeals decision (not recommended for publication); case activity

Murphy argues the circuit court erred when it found good cause for the state’s late disclosure of a letter written by the defendant and ruled the letter would be admissible as rebuttal evidence. (¶¶1, 20, 22). The letter was written to DeKeyser, a defense witness, and outlined DeKeyser’s testimony.

State v. Andrew J. Wirth, 2012AP208-CR, District 4, 2/21/13; court of appeals decision (not recommended for publication); case activity

Wirth was charged with the shooting deaths of two people outside a bar. He claimed self defense. The trial court allowed evidence that Wirth engaged in a confrontation earlier in the evening at a different bar with someone other than the shooting victims. In a fact-intensive opinion, the court of appeals concludes that if admission of the evidence was error,