On Point: 6. Particular types of evidence

Brown County v. Shannon R., 2005 WI 160, reversing unpublished opinion
For Shannon R.: Brian C. Findley, SPD, Madison Appellate

Issue: Whether the circuit court erroneously exercised discretion in precluding expert testimony on the issue of whether the TPR respondent is likely to be able to meet the conditions for return of her children.

Holding:

¶40      In deciding the issue of foundation,

State v. Victor K. Johnson, 2004 WI 94, affirming unpublished decision of court of appeals

Issue: Whether the State impermissibly cross-examined the defendant about the truthfulness of another witness.

Holding:

¶2. We conclude that the purpose and effect of the prosecutor’s cross-examination of Johnson was to impeach Johnson’s credibility, not to bolster the credibility of another witness, because both Johnson and the other witness were testifying to their personal observations about the same events.

State v. Derryle S. McDowell, 2003 WI App 168, affirmed, 2004 WI 70
For McDowell: Christopher J. Cherella
Amici: Keith A. Findley, John T. Savee, John A. Pray, Frank Remington Center & WACDL

Issue/Holding: “(N)o witness may testify as an expert on issues of domestic law; ‘the only “expert” on domestic law is the court.’ Wisconsin Patients Comp. Fund v.

State v. Joseph F. Rizzo II, 2003 WI App 236, PFR filed 11/13/03, on appeal after remand of State v. Rizzo I, 2002 WI 20
For Rizzo: Kathryn A. Keppel, Raymond M. Dall’osto

Issue: Whether Rizzo is entitled to a psychological examination of the sexual assault complainant pursuant to State v. Maday, 179 Wis. 2d 346, 507 N.W. 2d 365 (Ct.

State v. Steven G. Walters, 2003 WI App 24, reversed on other grds., 2004 WI 18
For Walters: Jenelle L. Glasbrenner, David A. Danz

Issue/Holding:

¶28. Again, the admissibility of expert testimony is committed to the discretion of the trial court. Friedrich, 135 Wis. 2d at 15. At the offer of proof hearing, Walters’s proposed expert, Dr.

State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision
For St. George: Donald T. Lang, SPD, Madison Appellate

Issue: “Was the circuit court’s exclusion of the testimony of the defendant’s expert witness an erroneous exercise of discretion, or alternatively, a deprivation of the defendant’s constitutional right to present evidence, as the defendant asserted?” ¶2

Holding: The trial court’s rejection of the expert was based on his lack of extensive experience in the area;

State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision

For St. George: Donald T. Lang, SPD, Madison Appellate

Issue: “Was the circuit court’s exclusion of the testimony of the defendant’s expert witness an erroneous exercise of discretion, or alternatively, a deprivation of the defendant’s constitutional right to present evidence, as the defendant asserted?” ¶2

Holding: The trial court’s rejection of the expert was based on his lack of extensive experience in the area;

State v. Tito J. Long, 2002 WI App 114, PFR filed 5/23/02
For Long: Ann T. Bowe

Issue/Holding: Officer’s background, including “gang training” and investigations into numerous gang-related shootings, made him qualified to testify as to gang activities in city. ¶26.

State v. Carlos R. Delgado, 2002 WI App 38
For Delgado: Richard D. Martin, Diana M. Felsmann, SPD, Milwaukee Appellate

Issue/Holding:

¶8. After reviewing these cases, we can discern some general rules: (1) an expert witness can offer opinion testimony only if it complies with Wis. Stat. § 907.02; (2) the testimony can include opinions regarding symptomatology common to child sexual assault victims; (3) the testimony can include a description of the symptoms exhibited by the victims;

State v. Joseph F. Rizzo, 2002 WI 20, reversing and remanding 2001 WI App 57, 241 Wis. 2d 241, 624 N.W.2d 854
For Rizzo: Franklyn M. Gimbel

Issue1: Whether testimony by a state’s expert amounted to “Jensen” testimony, i.e., expert opinion that the sexual assault complainant’s behavior was consistent with that of sexual assault victims in general.

Holding:

¶21.