On Point: L. Harmless Error

State v. Xavier J. Rockette, 2005 WI App 205
For Rockette: Timothy A. Provis

Issue/Holding: Issue/Holding: Trial court’s error in refusing to order suppression of statement was harmless under § 971.31(10), under following circumstances:

¶27      We conclude that the result in this case would have been the same beyond a reasonable doubt even if the circuit court had granted Rockette’s suppression motion, given the overwhelming incentives Rockette had to plead rather than go to trial. 

State v. Timothy Scott Bailey Smith, Sr., 2004 WI App 116, reversed on other grounds, 2005 WI 104
For Smith: Patrick M. Donnelly, SPD, Madison Appellate
Issue/Holding:

¶10 The State points out that omissions in jury instructions are subject to a harmless-error analysis. See State v. Harvey, 2002 WI 93, ¶6, 254 Wis. 2d 442, 647 N.W.2d 189.

State v. Sylvester Sigarroa, 2004 WI App 16, PFR filed 1/2/04
For Sigarroa: John Pray, UW Law School

Issue/Holding: A witness’s improper reference to the defendant’s prior criminal history was not prejudicial, where the judge ordered it struck, gave the standard final instruction on ignoring all things stricken, and the evidence of guilt was overwhelming. ¶27.

Also see State v. Gary M.B.

State v. Phonesavanh Vanmanivong, 2003 WI 41, reversing, 2001 WI App 299
For Vanmanivong: John J. Grau

Issue/Holding: Trial court failure to order disclosure of an informant is subject to harmless error analysis. The state, as beneficiary of the error, bears the burden of proving beyond reasonable doubt that the error didn’t contribute to the verdict. Here, the error was harmless: the error in the trial court’s finding that disclosure was unnecessary was procedural in nature (because it was based on unsworn rather than sworn in camera assertions and because it was procured by the judge rather than the litigants);

State v. Timothy M. Ziebart, 2003 WI App 258
For Ziebart: Robert R. Henak

Issue/Holding:

¶26. Where the trial court incorrectly instructs the jury, this court must set aside the verdict unless that error was harmless; that is to say, unless there is no reasonable possibility that the error contributed to the conviction. State v. Neumann, 179 Wis. 2d 687, 703, 508 N.W.2d 54 (Ct.

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.

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.

State v. William Nielsen, 2001 WI App 192, PFR filed
For Nielsen: Waring R. Fincke

Issue/Holding:

¶20. Our review of a claimed discovery violation under Wis. Stat. § 971.23 is subject to a harmless error analysis. See State v. Koopmans, 202 Wis. 2d 385, 396, 550 N.W.2d 715 (Ct. App. 1996). The test of harmless error is whether the appellate court in its independent determination can conclude there is sufficient evidence,

State v. Michael W. Carlson, 2001 WI App 296
For Carlson: Steven L. Miller

Issue/Holding: Erroneous impaneling of a juror who, because he could not understand English, should not have been seated, wasn’t harmless beyond a reasonable doubt.

¶46. The harmless error rule adopted last term by this court in State v. Harvey, 2002 WI 93, 254 Wis. 2d 442,

State v. Jerome G. Semrau, 2000 WI App 54, 233 Wis. 2d 508, 608 N.W.2d 376
For Semrau: John D. Lubarsky, SPD, Madison Appellate

Issue: Whether (assumed) erroneous refusal to suppress evidence was harmless on appeal following guilty plea, under Wis. Stat. § 971.31(10).

Holding: Strength of admissible evidence, apart from unsuppressed evidence, placed Semrau in “significant risk of conviction,” so that there was no reasonable probability that the suppression ruling caused him to plead guilty,