On Point blog, page 1 of 3

SCOW holds statistical evidence alone does not violate Haseltine rule

State v. Jobert L. Molde, 2025 WI 21, 6/13/25, reversing COA’s authored, unpublished opinion; case activity

SCOW considers whether an expert witness violated Haseltine‘s anti-vouching rule when she testified that only around one percent of child sexual assault disclosures are false without offering an opinion on whether the victim in this case was telling the truth. A unanimous court overrules Mader and any other court of appeals case that holds statistical evidence alone violates the Haseltine rule.

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SCOW grants review of defense win as to vouching

State v. Jobert L. Molde, 2021AP1346-CR, petition for review of an unpublished court of appeals decision, granted 11/12/24; reversed 6/13/25; case activity

In a case that we correctly identified as SCOW bait, SCOW accepts review of the State’s petition for review asking to modify the substantive law on vouching as applied by COA. The case is also relevant to determining what is “settled law” in assessing a claim of ineffective assistance of counsel.

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Defense Win! COA issues must-read decision outlining law regarding “vouching” in child sexual assault prosecutions

State v. Jobert L. Molde, 2021AP1346-CR, 5/21/24, District III (not recommended for publication);petition for review granted case activity

Although this defense win is unpublished and therefore nonprecedential, COA’s analysis and synthesis of the law regarding this commonly litigated issue is an important read for litigators considering such claims.

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Testimony that 99% of sexual assault reports are true improperly vouched for complainant’s credibility, but wasn’t prejudicial

State v. Conrad M. Mader, 2022AP382-CR, District 2, 6/7/23 (recommended for publication); case activity (including briefs)

Mader was convicted of repeated sexual assault of his stepdaughter. He argues his trial lawyer was ineffective in numerous ways. The court of appeals agrees trial counsel performed deficiently in three respects, but holds trial counsel’s mistakes weren’t prejudicial and therefore Mader isn’t entitled to a new trial.

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Court of Appeals addresses successive postconviction motion, judge’s use of written rather than oral sentencing rationale

State v. Hajji Y. McReynolds, 2022 WI App 25; case activity (including briefs)

This decision addresses: 1) the propriety of successive postconviction motions; 2) a claim that trial counsel was ineffective for failing to object to testimony vouching for the credibility of another witness and to improper character evidence; and 3) the novel issue of the sentencing judge’s use of a written rather than oral explanation of its sentencing rationale under § 973.017(10m)(b).

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COA finds another exception to the Haseltine rule

State v. Richard L. Pringle, 2020AP6-CR, 11/17/20, District 3 (not recommended for publication); case activity (including briefs)

No witness, expert or otherwise, may give an opinion that a mentally competent witness is telling the truth. State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984).  This case, which the court of appeals calls “close,” holds that an expert may give an opinion that a category of individuals generally lacks the sophistication to concoct a sexual assault claim.

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Mother’s testimony didn’t vouch for daughter’s honesty in violation of Haseltine rule

State v. Frederick Eugene Walker, 2018AP186-CR, District 1, 11/27/18 (not recommended for publication); case activity (including briefs)

Walker challenges his child sexual assault conviction, arguing the complaining witness’s mother improperly vouched for her daughter’s honesty. He also argues the trial court wrongly excluded evidence of the complaining witness’s sexual activity with another person. The court of appeals rejects his claims.

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Court of Appeals reverses circuit court’s finding that trial counsel was ineffective

State v. Anthony R. Pico, 2015AP1799-CR, 5/10/17, District 2 (not recommended for publication), petition for review granted 10/10/17, affirmed, 2018 WI 66; case activity (including briefs)

The circuit court granted Pico a new trial on a charge of first degree child sexual assault after concluding Pico’s trial lawyer was ineffective on various grounds. Over a dissent, the court of appeals reverses and reinstates Pico’s conviction.

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SCOW: No Haseltine violation where expert tells jury “there’s no indication that victim is not being honest”

State v. Stanley J. Maday, Jr., 2017 WI 28, 4/5/17, reversing a per curiam court of appeals decision, 2015AP366-CR; case activity (including briefs)

This “he said, she said” case resulted in a verdict finding Maday guilty of child sexual assault.  Catherine Gainey, the social worker who conducted a “cognitive graphic interview” of K.L., the alleged victim, testified at trial that there “was no indication” that K.L. had been coached or was being dishonest. Maday claimed ineffective assistance of counsel because his lawyer did not object to this Haseltine evidence. SCOW, voting 5-1-2, nixed that claim. The majority, written by Gableman, says Haseltine does not bar “observations of indications of coaching and deceit” that a social worker makes during the course of a forensic interview.  It only bars an expert’s subjective opinions about a child’s truthfulness. So expect prosecutors to invoke the magic word “indications” early and often. If you feel like shouting “mayday! mayday!” don’t. The majority may have slammed a door on certain objections to Haseltine evidence, but it has unwittingly flung open a window for defense lawyers.

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Habeas petitioner entitled to hearing on “textbook” improper vouching claim

Joseph J. Jordan v. Randall R. Hepp, 7th Circuit Court of Appeals No. 14-3613, 2016 WL 4119862, 8/3/16

Jordan claims the Wisconsin courts unreasonably applied clearly established federal law when they held that he was not denied the right to represent himself and that his trial lawyer was not ineffective for failing to object to the prosecutor’s improper vouching for a police witness’s credibility. The Seventh Circuit okays the state courts’ decision on self-representation but orders a hearing on Jordan’s ineffective assistance claim.

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