On Point: 2. Charachter/conduct

State v. Roberto Vargas Rodriguez, 2006 WI App 163, PFR filed 8/28/06
For Rodriguez: Donna L. Hintze, SPD, Madison Appellate

Issue/Holding:

¶35      … Rule 906.08(2) permits the cross-examination of a witness about “extrinsic” matters, “if probative of truthfulness or untruthfulness.” Certainly, lying on direct-examination, and repeating the lie on cross-examination, is “probative of truthfulness.” Moreover, Rodriguez opened the door, and the prosecutor was fully justified in calling him on it. 

State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02
For Barreau: Glenn C. Reynolds

Issue: Whether evidence that the defendant committed a burglary at the age of 13 was admissible as extrinsic evidence to impeach his testimonial denial, on cross-examination, of intent to steal.

Holding: § 906.08(2) expressly prohibits using extrinsic evidence of specific instances of conduct to attack a witness’s credibility,

State v. Troy D. Moore, 2002 WI App 245
For Moore: Suzanne L. Hagopian, SPD, Madison Appellate

Issue/Holding: Extrinsic evidence offered by the state solely to bolster a witness’s credibility, by showing that he had provided reliable information leading to the arrests of other drug dealers, violated § 906.08(2). ¶15. (Note: the court holds open the question of whether such evidence might be admissible under § 904.04(2).

State v. Juan Eugenio, 219 Wis.2d 391, 579 N.W.2d 642 (1998), affirming State v. Eugenio, 210 Wis. 2d 347, 565 N.W.2d 798 (Ct. App. 1997)
For Eugenio: Eduardo M. Borda

Issue: Whether the defense engaged in attacks on the complainant’s character for truthfulness so as to open the door to opinion testimony that she was truthful.

Holding: § 906.08 supports rehabilitation of a witness “only in limited situations,”