On Point blog, page 4 of 4
Due Process – Exculpatory Evidence – Destruction of Notes by State’s Investigator
State v. Debra Noble, 2001 WI App 145, 629 N.W.2d 317, reversed, other grounds, State v. Debra Noble, 2002 WI 64
For Noble: Jeff P. Brinckman
Issue: Whether a state investigator’s destruction of interview violated the defendant’s due process right to exculpatory evidence.
Holding:
¶17. A defendant’s right of pretrial access to exculpatory evidence needed to prepare a defense is protected by the Due Process Clause of the Fourteenth Amendment.
Due Process – Exculpatory evidence – failure to disclose – hand-swabbing results
State v. Andres DelReal, 225 Wis.2d 565, 593 N.W.2d 461 (Ct. App. 1999)
For DelReal: Richard D. Martin, SPD, Milwaukee Appellate
Holding: The defense was denied exculpatory evidence when a detective testified that the defendant had not been swabbed for gunshot residue when in fact he had, with negative results.
Due Process – Exculpatory Evidence – prosecution witness’s understating number of prior convictions – harmless error
State v. Robert Carnemolla, 229 Wis.2d 648, 600 N.W.2d 236 (Ct. App. 1999)
For Carnemolla: Robert T. Ruth
Holding: A state’s witness testified that he had two priors, when in fact he had three. The court finds any error harmless, stressing that the witness was a prison inmate and testified in prison clothes – therefore the jury necessarily knew in any event that he’d been convicted of a serious crime.