On Point: 5. Evidence

State v. Steven P. Muckerheide, 2007 WI 5, affirming unpublished opinion
For Muckerheide: Mark S. Rosen

Issue/Holding: On a trial of homicide by intoxicated use of a motor vehicle, § 940.09(1)(b), where the defense was that the death would have occurred anyway because the deceased grabbed the wheel just prior to the accident, evidence that the deceased “had, on prior occasions, gestured as if to grab the steering wheel of his father’s vehicle and,

State v. Obea S. Hayes, 2004 WI 80, affirming 2003 WI App 99, 264 Wis. 2d 377, 663 N.W.2d 351
For Hayes: Philip J. Brehm:

Issue/Holding:

¶64. We agree with the court of appeals that M.M.’s testimony did not follow a chronological order. A reasonable factfinder could, however, draw the inference that the defendant verbally threatened to have retaliatory sex with M.M.

State v. Eugene M. Perkins, 2004 WI App 213, PFR filed 11/9/04
For Perkins: Jeffrey W. Jensen

Issue Whether expert testimony is required to establish the victim’s mental illness, an element of § 940.225(2)(c).

Holding: This element may be shown through credible lay opinion testimony:

¶17 Here, the State had to prove four things: (1) that Perkins had sexual contact or intercourse with H.V.;

State v. Evan Zimmerman, 2003 WI App 196, (AG) PFR filed 9/10/03
For Zimmerman: Keith A. Findley, UW Law School

Issue/Holding: Although “most of the persuasive evidence against” Zimmerman was his own statements and alibi; and although a conviction may not be based solely on a negative inference drawn from the defendant’s own version, other evidence sufficiently supported the conviction, including: “evidence of his obsessive behavior,