On Point: 6. Particular types of evidence

State v. Larry J. Sprosty, 2001 WI App 231, PFR filed
For Sprosty: Jack E. Schairer, SPD, Madison Appellate

Issue: Whether the trial court erred in refusing to qualify a social worker as an expert in this Ch. 980 supervised release proceeding.

Holding: Because the witness had “expertise with respect to treating sex offenders … she was qualified to give her opinion on the ultimate issue.”

State v. John J. Watson, 227 Wis.2d 167, 595 N.W.2d 403 (1999), reversing unpublished decision
For Watson: Richard D. Martin, SPD, Milwaukee Appellate

Holding: Admissibility of a psychologist’s (preliminary hearing, 980 proceeding) testimony that Watson’s crime was sexually motivated is upheld:

¶ 52. … While the average lay person may be able to draw reasonable inferences from facts, an expert ought to be able to show how a person’s offense relates to the person’s purported mental disorder,

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

Holding: The trial court’s discretionary determination to admit expert testimony on the HGN sobriety test is upheld. In particular, specialized knowledge in the “underlying principles” of HGN testing isn’t necessary. All that’s required is expertise in administering and evaluating the test.

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

Holding: A preliminary breath test (unlike certain other breath test instruments) requires expert testimony to explain its import:

The PBT device has not been approved by the DOT and does not receive a prima facie presumption of accuracy to establish a defendant’s blood alcohol level. Therefore,