On Point blog, page 1 of 1
COA affirms circuit court’s decision to exclude evidence at refusal hearing; although officer’s statements to defendant during traffic stop were relevant, they were inadmissible when offered through another officer without personal knowledge of statements.
State v. Rodriguez, 2024AP481, 8/14/24, District II (one-judge decision; ineligible for publication); case activity
COA affirms circuit court’s decision to exclude relevant, but inadmissible, evidence at refusal hearing because witness lacked personal knowledge.
Circular reasoning upheld as mother testifies about father’s suspected heroin use during TPR trial
N.D. v. E.S., 2022AP1084, District 2, 01/25/23 (one-judge decision; ineligible for publication); case activity
Nancy (N.D.) petitioned to terminate Ed’s (E.D.’s) parental rights on the grounds that he abandoned their daughter, Kim. See Wis. Stat. § 48.415(1). At trial, Ed asserted a “good cause” defense that Nancy prevented him from having contact with Kim, and in response, Nancy was allowed to testify that the reason for her interference was Ed’s “heroin use.” Despite the fact that Nancy had no personal knowledge of Ed’s suspected heroin use, the circuit court ruled, and the court of appeals agrees, that the fact that Ed admitted to being drug tested was sufficient foundation for Nancy’s testimony. As a result, Ed’s ineffective assistance of counsel claims related to this evidence fails.
Defense evidence properly excluded for lack of foundation
State v. Scott F. Ufferman, 2016AP1774-CR, District 3, 11/14/17 (one-judge decision; ineligible for publication); case activity (including briefs)
Ufferman complains the trial court’s evidentiary rulings improperly stymied his defense against the charge of operating with a detectable amount of THC. The court of appeals holds the trial court’s rulings were correct.
Witness – Personal Knowledge Requirement, § 906.02 – Computer-Generated Animation
State v. Jeremy Denton, 2009 WI App 78 / State v. Aubrey W. Dahl, 2009 WI App 78For Denton: Paul G. Bonneson
For Dahl: Patrick M. Donnelly
Issue/Holding: Lay witness, who testified to computer-generated animation that attempted to recreate the alleged crime through the eyes of certain witnesses, lacked personal knowledge to undertake this effort:
¶16 As a lay witness,