On Point blog, page 1 of 5
SCOTUS issues per curiam order clarifying that erroneous admission of prejudicial evidence can violate due process
Andrew v. White, USSC No. 23-6573 (per curiam), 1/21/25, vacating Andrew v. White, 62 F.4th 1299 (10th Cir. 2023); Scotusblog page (with links to briefs and commentary)
In a rare defense win (of sorts) on federal habeas in the US Supreme Court, SCOTUS clarifies that its decision in Payne v. Tennessee “clearly established” the rule that when “evidence is introduced that is so unduly prejudicial that it renders the trial fundamentally unfair, the Due Process Clause of the Fourteenth Amendment provides a mechanism for relief.”
COA reverses order excluding other acts evidence, holds that greater latitude rule weakens holding of Alsteen
State v. Morris V. Seaton, 2021AP1399-CR, 11/6/24, District II (recommended for publication); case activity
In a case confirming the changes wrought to other acts case law as a result of the codification of the greater latitude rule, COA reverses the circuit court’s order excluding evidence of a prior sexual assault
1984 prior conviction admissible in first-degree sexual assault of a child trial under the prior conviction statute, § 904.04(2)(b)2.
State v. Kenneth W. Hill, 2022AP1718-CR, 8/6/24, District III (recommended for publication); case activity
The state appealed after the circuit court denied its motion seeking to admit Hill’s 1984 conviction from Minnesota for “criminal sexual conduct in the first degree” pursuant to Wis. Stat. § 904.04(2)(b)2. at his trials for two counts of first-degree sexual assault of a child. The court of appeals reverses and remands with directions, outlining the relevant analysis, holding that the admissible evidence includes only the fact of the conviction, not the underlying details of the prior case, and concluding that the Sullivan analysis does not apply. (¶2).
In assault case alleging accosting woman in vehicle, COA holds similar incident the same day admissible other acts
State v. Jose A. Arevalo-Viera, 2021AP1937, 7/25/23, District 1 (not recommended for publication); case activity (including briefs)
In a case alleging a disturbing sexual assault, the court of appeals exercises a deferential standard of review to uphold the lower court’s decision to admit other-acts evidence regarding an alleged attempted assault occurring on the same day.
Circuit court erred in excluding prior testimony, other acts evidence
State v. Frank P. Smogoleski, 2019AP1780-CR, District 2, 11/18/20 (not recommended for publication); case activity (including briefs)
The state wins its appeal of two circuit court orders, one excluding the use of preliminary hearing testimony of a witness who is now dead, the other excluding other-acts evidence.
Challenges to sexual assault conviction rejected
State v. Nathan J. Friar, 2019AP1578-CR, District 4, 10/22/20 (not recommended for publication); case activity (including briefs)
Friar challenges his conviction for sexual assault by use of force, claiming the circuit court erroneously admitted certain evidence and that his trial lawyer was ineffective. The court of appeals rejects his challenges.
SCOW to address how the castle doctrine interacts with perfect self-defense
State v. Alan M. Johnson, 2018AP2318-CR, review of published opinion granted 9/16/20; case activity (including briefs)
Issues for review (from the State’s Petition)
1. Was Johnson entitled to a jury instruction for perfect self-defense based on his testimony concerning his motivation for trespassing with a loaded firearm in KM’s house, despite the fact that KM was unarmed, shot five times, and Johnson could not recall anything about the shooting other than that KM “lunged” at him?
2. Was Johnson entitled to submission of the lesser-included offense of second-degree reckless homicide under the above circumstances?
3. Did the circuit court erroneously exercise its discretion in excluding evidence of alleged child pornography Johnson found on KM’s computer before he killed KM?
Defense win in unusual self-defense homicide case
State v. Alan M. Johnson, 2020 WI App 50, state’s petition for review granted, 9/16/20, affirmed in part, reversed in part, 2021 WI 61; case activity (including briefs)
Johnson killed his brother-in-law, K.M., while he was in K.M.’s house, uninvited, to look to see whether K.M. had child porn on his computer. The court of appeals orders a new trial for Johnson because the trial court erred in denying Johnson’s perfect self-defense instruction and lesser-included offense instruction and in excluding evidence that there was, in fact, child porn on K.M.’s computer.
COA affirms exclusion of evidence re State’s prior unsuccessful TPR at later TPR trial
State v. D.L., 2019AP2331, District 1, 3/10/20; (1-judge opinion, ineligible for publication); case activity
The State petitioned to terminate D.L.’s parental rights to Y.P.-T. for failure to assume parental responsibility in January 2017 and lost at a jury trial. So when the State filed a new T.P.R. proceeding in October 2018, D.L. moved the circuit court to instruct the jury instructed that he had a substantial relationship with Y.P-T for the first 20 months of her life. The circuit court denied the motion, and the court of appeals affirmed.
Defense win: New trial ordered due to evidence suggesting defendant was repeat drunk driver
State v. Ryan C. Diehl, 2020 WI App 16; case activity (including briefs)
At Diehl’s trial for operating with a blood-alcohol content exceeding .02, the state asked the arresting officer and Diehl himself multiple questions that invited the jury to infer he had multiple OWI convictions. Because these questions were irrelevant and unfairly prejudicial, trial counsel was ineffective for failing to object to them, and Diehl is entitled to a new trial.