On Point blog, page 11 of 11
Hearsay – Against-Penal Interest Statement Inculpating Defendant, § 908.045(4)
State v. Robert Bintz, 2002 WI App 204, affirmed on habeas review, Robert Bintz v. Bertrand, 403 F.3d 859 (7th Cir 2005)
For Bintz: Elizabeth A. Cavendish-Sosinski
Issue: Whether the codefendant’s noncustodial statement to the police — which, although not acknowledging responsibility for the murder, did admit to threatening the victim and placing both defendants at the scene —
Hearsay – Prior Consistent Statement, § 908.01(4)(a)2
State v. Kevin S. Meehan, 2001 WI App 119
For Meehan: Pamela Moorshead, Buting & Williams
Issue: Whether the alleged victim’s entire testimony at prior proceedings was properly admitted into evidence, under prior consistent statement or rule of completeness rationales.
Holding:
¶25. The trial court admitted the entire prior testimony under two theories: (1) the testimony constituted prior consistent statements under Wis. Stat.
§ 904.01, Relevance – Consciousness of Innocence – Offer to Take DNA Test
State v. Miguel Angel Santana-Lopez, 2000 WI App 122, 237 Wis.2d 332, 613 N.W.2d 918
For Santana-Lopez: Rex Anderegg
Issue: Whether a sexual assault defendant’s pretrial offer to take a DNA test is relevant as consciousness of innocence.
Holding: “(A)n offer to undergo DNA analysis [is] relevant to the state of mind of the person making the offer — so long as the person making the offer believes that the test or analysis is possible,
Videotaped Interview, § 908.08(3) — Satisfying Requirement Child Understands “False Statements Are Punishable”
State v. Jimmie R.R., 2000 WI App 5, 232 Wis.2d 138, 606 N.W.2d 196
For Jimmie R.R.: Martha K. Askins, SPD, Madison Appellate
Issue: Whether the state sufficiently showed that the child understood that false statements were punishable so as to justify admissibility of her videotaped interview under § 908.08(3).
Holding: The admissibility statute, § 908.08(3), was satisfied, even though compliance wasn’t express.
Defendant argues that the state failed to establish a threshold requirement imposed for admissibility of a videotaped statement by a child under § 908.08(3),
Hearsay – 911 Call
State v. Peter Ballos, 230 Wis.2d 495, 602 N.W.2d 117 (Ct. App. 1999)
For Ballos: Robert N. Myeroff
Issue/Holding:
¶12. Wisconsin case law has not yet clarified whether, or on what basis, 911 calls, tapes, or transcripts may be admissible. Although the precise analysis may vary from case to case or even from call to call depending on the specific facts and circumstances, we see several avenues of admissibility for 911 evidence,
Prior Consistent Statement, § 908.01(4)(a)2
State v. Earl L. Miller, 231 Wis.2d 447, 605 N.W.2d 567 (Ct. App. 1999)
For Miller: Eduardo M. Borda
Issue: Whether a prior consistent statement is admissible where the declarant hasn’t been specifically cross-examined about his/her prior statement.
Holding: The requirement in § 908.01(4)(a) that the prior consistent statement declarant be subject to cross-examination concerning the statement requires only the opportunity for cross-examination, and not an actual inquiry into the area.
Hearsay – “Residual” Exception, § 908.45(6)
State v. Liliana Petrovic, 224 Wis.2d 477, 592 N.W.2d 238 (Ct. App. 1999)
For Petrovic: Robert B. Rondini
Holding: While executing a search warrant at Petrovic’s home, a detective talked to her 5-year old daughter, who gave him information about 39 marijuana plants growing outside. She ended up being tried with and convicted of manufacturing THC. Petrovic challenges admissibility of daughter’s hearsay statements to the detective, and to evidence showing her affiliation with the Outlaws motorcycle gang.
Public Records/Reports, § 908.03(8) — DOT pamphlet
Malvern Sullivan v. Waukesha County, 218 Wis.2d 458, 578 N.W.2d 596 (1998), on certification
For Sullivan: William A. Denny
Holding: A DOT training pamphlet, explaining physical and mental impairment as the level of alcohol concentration increases, is held admissible under the sec. 908.03(8) (public records and reports) exception to the hearsay rule. The court stresses that the pamphlet’s data “are factual and were made pursuant to the department’s duty to administer and enforce the laws….”
Hearsay — Statement — Truth of Matter Asserted — Probative Value
State v. Michael A. Sveum, 220 Wis. 2d 396, 584 N.W.2d 137 (Ct. App. 1998)
For Sveum: Robert T. Ruth
Issue/Holding: Where the defendant sought admissibility of a statement by a non-testifying declarant on the basis that it was not offered for its truthfulness, but the statement would have probative value only if offered for truth of the matter asserted, it was inadmissible hearsay.