On Point blog, page 13 of 18
Terry Stop, Compared with Arrest
State v. Daniel R. Doyle, 2010AP2466-CR, District 4, 9/22/11
court of appeals decision (1-judge, not for publication); for Doyle: John C. Orth; case activity
Transport of drunk driving suspect 3-4 miles to local police station for purpose of administering field sobriety tests didn’t covert Terry stop into arrest, given that extreme, adverse weather conditions rendered impractical such testing at the scene.
¶11 Terry is codified in Wis.
Involuntary Statement – Harmless Error
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court of appeals decision (not recommended for publication); for Lemoine: Donna L. Hintze, Katie R. York, SPD, Madison Appellate; case activity; supreme court review granted, 1/25/12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,
Hearing-Impaired Juror: Inability to Hear Certain Testimony; Evidence: Haseltine “Vouching” Testimony – Harmless Error
State v. James T. Kettner, 2011 WI App 142 (recommended for publication); for Kettner: Andrew R. Hinkel, Jefren E. Olsen, SPD, Madison Appellate; case activity
Hearing-Impaired Juror – Inability to Hear Certain Testimony
A juror’s inability to hear most of alleged victim S.K.’s answers in a videotaped interview didn’t violate Kettner’s rights to impartial jury or due process, given that S.K. also testified in person consistent with her videotaped answers.
TPR – Evidence – Child’s Mental Health Problems; Prior Voluntary Termination – Harmless Error
Rock County HSD v. Jennifer B., 2011AP1524, District 4, 9/8/11
court of appeals decision (1-judge, not for publication); for Jennifer B.: Gina Frances Bosben; case activity
Evidence of the child’s diagnoses (ADHD; PTSD) was relevant to the main issue in contention, and was not unduly prejudicial, hence was admissible in the grounds phase of the TPR trial.
¶15 The question for the jury was whether there was a substantial likelihood that Jennifer would not “meet the child’s physical,
Fleeing, § 346.04(3): Elements; Instructions, “Law of the Case”: As Measure of State’s Proof – Harmless Error
State v. Courtney C. Beamon, 2011 WI App 131 (recommended for publication); for Beamon: Donna L. Hintze, SPD, Madison Appellate; case activity; petition for review granted, 4/25/12
Fleeing, § 346.04(3) – Elements
¶4 …. In State v. Sterzinger, 2002 WI App 171, ¶9, 256 Wis. 2d 925, 649 N.W.2d 677, this court separated the language of § 346.04(3) into segments: (1) No operator of a vehicle,
Prosecutorial Misconduct – Closing Argument – Harmless Error
State v. Richard K. Numrich, 2010AP1544-CR, District 2, 8/3/11
court of appeals decision (1-judge, not for publication); for Numrich: Chad A. Lanning; case activity
Instances of prosecutorial misconduct (objecting in the jury’s presence to a line of questioning that implied the existence of inadmissible evidence; stating in closing argument that it is defense counsel’s “job to create doubt”) warranted neither mistrial, ¶¶15-16 (especially in light of curative instruction);
Discovery Violation – Harmless Error; Defendant’s Right not to Testify – Evidentiary Hearing
State v. Daniel E. Krueger, 2011AP571-CR, District 3, 8/2/11
court of appeals decision (1-judge, not for publication); for Krueger: Ana Lyn Babcock; case activity
Prosecutorial failure to disclose a police report containing his statements that “were incriminating and any reasonable prosecutor would have planned on using them at trial” violated Krueger’s right to discovery, ¶23, citing State v. DeLao, 2002 WI 49,
TPR – Failure to Assume Parental Responibility; GAL Appointment for Parent; Parent’s GAL: Dispositional Recommendation – Harmless Error
Waukesha County DH&HS v. Jennifer L. H., 2010AP2990, District 2, 7/13/11
court of appeals decision (1-judge, not for publication); for Jennifer L.H.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity
Evidence held sufficient to prove Jennifer’s failure to assume parental responsibility as TPR ground, notwithstanding that she lived with the child and helped raise him from birth until he was removed from her home: “although Jennifer did live with Kurt for most of his life,
Appellate Procedure: Harmless Error (Verdict Forms) – Waiver (Failure to Object to Testimony)
State v. Andre D. Hansbrough, 2011 WI App 79(recommended for publication); for Hansbrough: Amelia L. Bizzaro; case activity
Verdict Forms – Harmless Error
Failure to provide a not guilty verdict option with a lesser included offense instruction is, although error, not structural but is instead subject to analysis for harmlessness, ¶¶10-17.
¶9 At the outset, we reject Hansbrough’s contention that there must always be a not guilty verdict form for each guilty verdict form.
Andre Brown v. Rednour, 7th Cir No. 10-1116, 3/25/11
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.