On Point blog, page 15 of 24
Preservation of Issue: Motion in Limine; Ineffective Assistance: Client’s Failure to Reveal Information to Counsel; Harmless Error Review: Cf. IAC-Prejudice; Evidence: § 905.05 Marital Privilege & 3rd-Party
State v. Winston B. Eison, 2011 WI App 52; for Eison: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity
Preservation of Issue – Motion in Limine
Eison objected to introduction of evidence of his arrest on an unrelated offense via motion in limine, which the trial court granted. At trial, however, the court allowed the State to introduce this evidence. Eison didn’t need to lodge additional objection to preserve the issue for review.
Evidence – Other-Acts – “Sullivan” Analysis; Prosecutorial Misconduct
State v. Miguel E. Marinez, Jr., 2011 WI 12, reversing unpublished decision; case activity; prior post; for Marinez: Ralph J. Sczygelski
Evidence – Other-Acts, § 904.04(2) – “Sullivan” Analysis
¶19 To guide courts in determining whether other-acts evidence is admissible for a proper purpose under Wis. Stat. § 904.04(2)(a), we developed a three-prong test. Sullivan,
Blood Test Admissibility – Lab Tech Qualifications, Blood Draw
State v. Craig A. Erickson, 2010AP1763-CR, District 2, 1/12/11
court of appeals decision (1-judge, not for publication); for Erickson: Kirk B. Obear; case activity; Erickson BiC; State Resp.; Reply
Laboratory assistant, acting under direction of pathologist and following laboratory procedures, is qualified under § 343.305(5)(b) to draw blood. State v. Penzkofer, 184 Wis.
Other-Acts Evidence
State v. Jonathan A. Meenen, 2009AP3107-CR, District 3, 1/11/11
court of appeals decision (3-judge, not recommended for publication); for Meenen: Donna L. Hintze, SPD, Madison Appellate; case activity; Meneen BiC; State Resp.; Reply
On a charge of 1st-degree sexual assault of a (5-year-old) child, evidence of Meneen’s prior juvenile adjudication for sexual contact with an 8-year-old was admissible:
- Acceptable purpose.
Confrontation – Generally – Forfeiture by Wrongdoing – Harmless Error; Other Acts Evidence: Pornography (& Intent to Kill); Consent to Search; Judicial Bias
State v. Mark D. Jensen, 2011 WI App 3; prior history: 2007 WI 26; for Jensen: Terry W. Rose, Christopher William Rose, Michael D. Cicchini; case activity; (Jensen BiC not posted); State Resp.; Jensen Reply
Confrontation – Generally
The Confrontation Clause regulates testimonial statements only, such that nontestimonial statements are excludable only under hearsay and other evidence-rule ¶¶22-26,
Evidence – Ongoing Conflict with Deceased, Hearsay – Residual Exception, 3rd-Party Guilt; Sufficiency of Evidence – Homicide
State v. Kevin M. Moore, 2009AP3167-CR, District 2, 12/15/10
court of appeals decision (3-judge, not recommended for publication); for Moore: Jeffrey W. Jensen; Moore BiC; State Resp.; Reply
Evidence – Frequenting “Gentleman’s Club” as Source of Friction with Deceased
Evidence that Moore spent much time and money at a local “gentleman’s club,” offered by the State to as support for an “ongoing conflict”
Evidence – Disorderly Conduct – Relevance
State v. Salvador Cruz, 2010AP911-CR, District 2, 10/13/10
court of appeals decision (1-judge, not for publication); for Cruz: Matthew S. Pinix; BiC; Resp.; Reply
Evidence of the effect of the defendant’s (alleged disorderly) conduct was relevant, without a showing of “proximity” to that conduct:
¶13 A.S. instructs that “[i]n addition to considering the potential effects of a defendant’s conduct in disorderly conduct cases … prior cases also indicate that the actual effects of a defendant’s conduct are probative.” Id.
Fleeing, § 346.04(3); Evidence – Character Trait of Victim
State v. Daniel H. Hanson, 2010 WI App 146 (recommended for publication), affirmed 2012 WI 4; for Hanson: Chad A. Lanning; case activity
Fleeing, § 346.04(3)
Can you criminally “flee” the police, if what you’re actually doing is driving to the nearest police station to escape what you believe to be a beating at the hands of the officer you’re fleeing?
Expert Witness Qualifications; Admissibility – Field Sobriety Tests; WI (Drugs) – Sufficiency of Evidence
City of Mequon v. James E. Haynor, 2010AP466-FT, District 2, 9/8/10
court of appeals decision (1-judge, not for publication); for Haynor: Peter L. Ramirez; BiC; Resp.; Reply
Expert Witness Qualifications – Lab Chemist: Physiological Effects of Drugs
The trial court didn’t erroneously exercise discretion in qualifying as an expert, the supervisor of forensic toxicology at the Wisconsin State Laboratory of Hygiene on the matter of how certain drugs interact and impair judgment,
Interrogation – Ambiguous Request for Counsel; Joinder/Severance; Evidence – Autopsy Photos
State v. Adamm D.J. Linton, 2010 WI App 129; for Linton: Joseph E. Redding; BiC; Resp.; Reply
Interrogation – Ambiguous Request for Counsel
Initial custodial questioning terminated when Linton invoked his right to silence. During subsequent re-interrogation, Linton said, “when I asked for a lawyer earlier, why wasn’t he appointed to me?” The detective indicated that if Linton was asking for a lawyer then the police would “just stop talking to”