On Point blog, page 2 of 2
Videotaped statement of Child, § 908.08(3)
State v. Robert L. Snider, 2003 WI App 172, PFR filed 8/22/03
For Snider: Timothy J. Gaskell
Issue: Whether a child-victim’s videotaped statement must satisfy all the conditions in § 908.08, or may instead satisfy the residual exception.
Holding:
¶12. We agree with the State that the plain language of Wis. Stat. § 908.08(7) permits the admission of a child’s videotaped statement under any applicable hearsay exception regardless of whether the requirements of subsections (2) and (3) have been met.
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),