On Point blog, page 1 of 1
Circuit court erred in excluding field sobriety test evidence
State v. Robert A. Schoengarth, 2015AP1834-CR, 2/11/16, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court erroneously exercised its discretion when it ordered that police could not testify about Schoengarth’s performance on field sobriety tests.
Trial counsel was not ineffective for failing to object to testimony about recorded conversations in Spanish between the defendant and the victim
State v. Adamis Figueroa, 2013AP47-CR, District 1, 12/3/13; court of appeals decision (not recommended for publication); case activity
Trial counsel was not ineffective for failing to object to the testimony of a police department employee about the content of two recorded conversations in Spanish between Figueroa and J.R., who alleged Figueroa had sexually assaulted her several years ago, when she was a child. (During one conversation J.R. wore a wire and spoke with Figueroa in person;
Unlawful Use of Phone – Sufficiency of Evidence; Best Evidence Rule; Citation of Unpublished Caselaw
State v. Kurt Daniel Schmidt, 2010AP1104-CR, District 3, 11/16/10
court of appeals decision (1-judge, not for publication); for Schmidt: Andrew John Laufers; Schmidt BiC; State Resp.; Reply
Unlawful Use of Phone – Sufficiency of Evidence
Evidence held sufficient to sustain conviction for violating § 947.012(1)(c). The second of two calls anonymously made by Schmidt in a matter of minutes to his wife during a pending divorce with custody in dispute,
Recorded Confessions; Sentence Credit – Predisposition Secure Detention
State v. Dionicia M., 2010 WI App 134; for Dionicia M.: Andrew Hinkel, SPD Madison Appellate
Recorded Confessions
The juvenile was in custody when she was directed to the locked back seat of a patrol car so that she could be transported back to school after being reported truant; and, because it was feasible under the circumstances to record her ensuing statement, failure to do so rendered it inadmissible.
Evidence – Recording – Best Evidence Rule
State v. John D. Harris, 2009AP3140-CR, District 1, 8/17/10
court of appeals decision (1-judge, not for publication); for Harris: Byron C. Lichstein; BiC; Resp.; Reply
Testimony of an investigator relating the contents of a recording wasn’t inadmissible under the best evidence rule, § 910.02.
¶11 Although the best evidence rule generally requires an original recording to be played in court in order to prove the content of the recording,
§ 910.02: Original of Surveillance Tape Required But if Destroyed without Bad Faith, Testimony of Contents Allowed, § 910.04(1) – “Unplayable” Tape Tantamount to Destroyed
State v. William Troy Ford, 2007 WI 138, affirming unpublished decision
For Ford: Ralph J. Sczygelski
Issue/Holding: A surveillance tape that became unplayable was “destroyed” within the meaning of § 910.04(1), and its contents could be testified to by pre-destruction viewers:
¶68 We are satisfied that where a tape is damaged and unplayable, the proponent of the evidence makes reasonable efforts to restore the tape to playability,