On Point: D. Relevance, Ch. 904

State v. Thomas W. Koeppen, 2000 WI App 121, 237 Wis.2d 418, 614 N.W.2d 530
For Koeppen: Richard L. Zaffiro

Issue: Whether a prior act involving drunken resisting arrest was properly admitted into evidence.

Holding: The prior act was admitted on the permissible purposes of showing intent and absence of mistake; had probative value due to strong similarities to the current offense; and, given high probative value along with cautionary instruction,

State v. Luther Wade Cofield, 2000 WI App 196, 238 Wis. 2d 467, 618 N.W.2d 214
For Cofield: Donna L. Hintze, SPD, Madison Appellate

Issue: Whether, on a charge of sexual assault where the defense was consent, evidence of prior sexual assaults were properly admissible.

Holding:

¶11 In reviewing the list set forth in WIS. STAT. § 904.04(2), we reject each of the proper ‘other purposes’

State v. Dale H. Davidson, 2000 WI 91, 236 Wis. 2d 537, 613 N.W.2d 606, reversing State v. Davidson, 222 Wis. 2d 233, 589 N.W.2d 38
For Davidson: Jerome F. Buting & Pamela Moorshead

Issue: Whether, on a charge of sexually assaulting a 13-year old niece while on a camping trip, evidence of the defendant’s conviction ten years previous for sexually assaulting a 6-year old girl in a church basement was admissible.

State v. Edward A. Hammer, 2000 WI 92, 236 Wis. 2d 686, 613 N.W.2d 629, on certification, habeas denied, Hammer v. Karlen, 342 F. 3d 807 (7th Cir. 2003)
For Hammer: Rex Anderegg

Issue: Whether, in a trial for sexual assault of several adolescent males while staying at defendant’s parents’ home, evidence that defendant fondled an adult male, 5-7 years earlier while a guest at his home in Ohio,

State v. Daniel G. Scheidell, 227 Wis.2d 285, 595 N.W.2d 661 (1999), on reconsideration, State v. Scheidell, 230 Wis.2d 189, 601 N.W.2d 284 (1999), reversing State v. Scheidell, 220 Wis.2d 753, 584 N.W.2d 897 (Ct. App. 1998)
For Scheidell: Mitchell E. Cooper, SPD, Madison.

Holding: Scheidell sought to introduce evidence that, while he was in jail awaiting trial on this sexual assault-related case,

State v. Liliana Petrovic, 224 Wis.2d 477, 592 N.W.2d 238 (Ct. App. 1999).
For Petrovic: Robert B. Rondini

Issue/Holding: The court holds admissible the following evidence: defendant’s “close” connection to someone (Fooden) with whom an agent “was familiar … based on drug investigations he had performed for the IRS.” “The State’s evidence indicating a connection between Petrovic and Fooden was relevant to the issue of drug delivery.

State v. Earl L. Miller, 231 Wis.2d 447, 605 N.W.2d 567 (Ct. App. 1999)
For Miller: Eduardo M. Borda

Issue: Whether evidence of the defendant’s flight from police three days after the crime was admissible.

Holding: “While not part of the original criminal episode, evidence of flight was admissible because it indicated Miller’s consciousness of guilt,” ¶22.

State v. Kurt J. Doerr, 229 Wis.2d 616, 599 N.W.2d 897 (Ct. App. 1999)
For Doerr: John M. Carroll.

Issue/Holding: Doerr argues that evidence of his refusal to take a chemical test was irrelevant, because it occurred at the police station rather than the arrest scene. The argument is rejected: Though refusal evidence is relevant to show the defendant’s awareness that he or she was intoxicated,

State v. Andres DelReal, 225 Wis.2d 565, 593 N.W.2d 461 (Ct. App. 1999).
For DelReal: Richard D. Martin, SPD, Milwaukee Appellate.

Holding: At trial on shooting related charges, one detective testified that DelReal’s hands had been swabbed for gunshot residue (with unknown results), but the lead detective testified that he hadn’t. The trial court struck testimony about the swabbing, ruling it irrelevant. Turns out that DelReal was swabbed and,

State v. Rodney G. Zivcic, 229 Wis.2d 119, 598 N.W.2d 565 (Ct. App. 1999)
For Zivcic: John J. Carter

Holding: A “deficient sample” printout from an Intoxilyzer 5000 test is held admissible – not as a test result, but as Zivcic’s failure to provide adequate breath samples (which equals a refusal).