On Point blog, page 1 of 3
CoA rejects claims of Brady violation, IAC, and erroneous admission of unauthenticated letters
State v. Ronald Henry Griffin, 2020AP1750-CR, 2/22/22, District 1; case activity (including briefs)
Griffin and his friend, Taylor, were charged with sexually assaulting T.H. Taylor pled and agreed to testify against Griffin, who went to trial and was found guilty. He filed a pro se appeal arguing that (1) the State failed to turn over Brady evidence (2) he received ineffective assistance of counsel, and (3) the circuit court erroneously admitted two letters, which were not authenticated. The court of appeals affirmed the conviction but Judge Dugan filed a concurrence on the third issue.
SCOW: Evidence from Fitbit device is admissible without expert testimony on foundation, reliability
State v. George Steven Burch, 2021 WI 68, 6/29/21, on certification from the court of appeals, affirming a judgment of conviction; case activity (including briefs)
The circuit court properly exercised its discretion in allowing the state to introduce evidence relating to Fitbit data without requiring expert testimony on the reliability of the device.
Evidence at OWI trial established sufficient chain of custody of blood sample
City of Berlin v. Ricardo A. Adame, 2017AP2130, District 2, 4/18/18 (one-judge decision; ineligible for publication); case activity (including briefs)
There was a sufficient chain of custody evidence to conclude that the blood-alcohol test results offered into evidence by the state related to blood samples taken from Adame.
Circuit court properly rejected claim that refusal was justified due to physical disability or disease
City of Chetek v. Daniel John McKee, 2017AP207, District 3, 3/15/18 (one-judge decision; ineligible for publication); case activity (including briefs)
McKee claimed he was justified in refusing to submit to a breath test under § 343.305(9)(a)5.c. because his chronic gastroesophageal reflux disorder (GERD) and resulting Barrett’s esophagus rendered him physically unable to take the test. (¶¶3-4). McKee sought to admit his medical records as evidence at the refusal hearing, but the circuit court sustained the prosecutor’s objection that they weren’t properly authenticated. (¶5). Further, based on the testimony of the arresting officer, the circuit court found McKee refused out of a concern for his job, not because of his medical condition. (¶¶6-7). The court of appeals rejects McKee’s challenges to the circuit court’s rulings.
Odor of marijuana is probable cause for search; text messages admissible as “panorama” or “other acts” evidence
State v. Willie Brownlee, Jr., 2015AP2319-CR, 11/21/17, District 1, (not recommended for publication); case activity (including briefs)
Two officers stopped Brownlee after he drove his rental car through a red light. One officer approached the driver’s side, the other approached the passenger side occupied by Brownlee’s friend. Both smelled the distinct odor of burnt marijuana. They ordered Brownlee and his friend out of the car and searched it. Guess what they found in the glove compartment?
Probable cause for OWI arrest; video of refusal sufficiently authenticated
State v. Steven N. Jackson, 2015AP2682, 9/22/16, District 4 (1-judge decision; ineligible for publication); case activity (including briefs)
Steven Jackson was arrested for OWI and also charged with a refusal to submit to a blood test. On appeal of the refusal, he first argues that the officers lacked probable cause to arrest him.
How to authenticate a text message
State v. Giancarlo Giacomantonio, 2016 WI App 62; case activity (including briefs)
This is Wisconsin’s first published decision about how parties are to authenticate photographs of text messages so that they are admissible at trial. The answer is the same way they authenticate other kinds of evidence–via §909.01 and §909.015. Nothing more is required.
Evidentiary challenges spurned; ERP/CIP ineligibility upheld
State v. Tiron Justin Grant, 2014AP2965-CR, District 1, 11/24/2015 (not recommended for publication); case activity (including briefs)
The court serially takes up and rejects each of Grant’s challenges to his conviction, at trial, of possessing cocaine with intent to deliver, as well as the sentencing court’s denial of ERP/SAP and CIP eligibility.
The evidence was sufficient to establish chain of custody of blood drawn from defendant
State v. Jacob A. Martinez, 2015AP272, District 2, 8/5/15 (one-judge decision; ineligible of publication); case activity (including briefs)
Though there were multiple tests of the blood drawn from Martinez after his arrest for OWI—one for ethanol, two for THC (the second necessitated by the invalidity of the results of the first test)—the record and testimony are sufficiently complete “to render it improbable that the original item has been exchanged,
Certification as to authenticity of cell phone records was inadequate under § 909.02(12)
Nicole Marie Thomas v. Korry Ardell, 2014AP295, District 4, 11/13/14 (not recommended for publication); case activity
The circuit court did not erroneously exercise its discretion in refusing to admit cell phone records because the proponent of the evidence didn’t provide a proper foundation by presenting either the testimony of a qualified witness or a proper certification proving authenticity.