On Point blog, page 3 of 3
Hearsay – Authentication of Document
State v. Gary L. Gordon, 2002 WI App 53, affirmed, 2003 WI 69
For Gordon: Steven P. Weiss, SPD, Madison Appellate
Issue: Whether proof-of-service documents, introduced to show defendant’s knowledge of a domestic violence injunction, violated the hearsay rule.
Holding:
¶43. … However, these documents were not made under oath or attested to in any way; thus, they were not affidavits.
Foundation — Videotape — Same Requirement as Still Photo — Expert Unnecessary
State v. William R. Peterson, 222 Wis. 2d 449, 588 N.W.2d 84 (Ct. App. 1998)
For Peterson: Donna L. Hintze, SPD, Madison Appellate
Issue/Holding:
The State provides no authority to support the trial court’s imposition of a requirement that, as a matter of law, expert testimony is necessary to establish a foundation for video images, and we are aware of none. Wisconsin case law does not impose such a requirement for the admission of still photographs.
Authentication — Voice on Tape
State v. Gary Curtis, 218 Wis. 2d 550, 582 N.W.2d 409 (Ct. App. 1998)
For Curtis: Arthur B. Nathan
Issue/Holding:
Next, Curtis claims that the tapes admitted into evidence at trial were not properly authenticated. At trial, Poivey, a party to the conversations on the tapes, testified that the voices on the tapes were his and Curtis’. This type of voice identification is a valid avenue of authentication.