On Point blog, page 89 of 120
Palisades Collection v. Kalal, 2009AP482, Dist IV, 2/4/2010
Appellate Procedure – Standard of Review – Evidence Admissibility
¶14 However, not all evidentiary rulings are discretionary. For example, if an evidentiary issue requires construction or application of a statute to a set of facts, a question of law is presented and our review is de novo. State v. Jensen, 2007 WI App 256, ¶9, 306 Wis. 2d 572, 743 N.W.2d 468.
State v. Marvin L. Beauchamp, 2010 WI App 42
court of appeals decision, affirmed, 2011 WI 27; for Beauchamp: Martin E. Kohler, Craig S. Powell; case activity
Dying Declaration, § 908.045(3)
¶8 … dying declaration, codified in Wisconsin Stat. Rule 908.045(3): “A statement made by a declarant while believing that the declarant’s death was imminent, concerning the cause or circumstances of what the declarant believed to be the declarant’s impending death.” Under established law,
Appellate Procedure – Standard of Review – Competency of Defendant (pre-2010 Caselaw)
Go: here.
State v. Jeffrey A.W., 2010 WI App 29
court of appeals decision; for Jeffrey A.W.: Hans P. Koesser
Resp Br; Reply
Counsel – Adequacy of Investigation
Attempt to demonstrate absence of herpes in defendant—an issue central to this sexual assault prosecution—was, although failure, not product of deficient performance, ¶12:
There is no question that trial counsel’s investigation yielded the wrong information. But that does not necessarily equate to deficient performance.
Appellate Procedure – Standard of Review – Constitutionality of Statute (pre-2010 Caselaw)
Go: here.
Appellate Procedure – Standard of Review – Standing to Sue (pre-2010 Caselaw)
Go: here.
Appellate Procedure – Standard of Review – Claim/Issue Preclusion (pre-2010 Caselaw)
Go: here.
Appellate Procedure – Standard of Review – Burden of Proof (pre-2010 Caselaw)
Go: here.