On Point: 15. Evidence

State v. Jeffrey M. Halida, 2013AP1298, District 2, 11/13/13; court of appeals decision (1-judge; ineligible for publication); case activity

Halida was arrested for OWI after a motorcycle accident. In response to routine medical questions asked before the blood draw, he told the officer he took two Oxycodone pills earlier that day for a hand injury. (¶¶4-6). The officer’s reference to Halida’s statement at trial was not prejudicial because “[i]n view of the record,

State v. Jeffrey A. Adamczak, 2013 WI App 150; case activity

Admission of other acts evidence

Adamczak was charged with sexual exploitation by a therapist in violation of Wis. Stat. § 940.22 for having sexual contact with Sabrina. He testified the contact occurred, but only after the patient-therapist relationship was over. (¶¶3, 5). Before trial the state moved to admit the testimony of Sarah and Gail,

State v. Richard P. Hessil, 2013AP944-CR, District 2, 10/23/13; court of appeals decision (1-judge; ineligible for publication); case activity

Hessil, charged with resisting an officer, disorderly conduct, and failure to obey a traffic officer, unsuccessfully moved to admit evidence of citizen complaints and police employment records to cast doubt on the arresting officer’s character for truthfulness, citing Wis. Stat. §  904.04(2). The evidence Hessil sought to admit included allegations of theft from an arrestee,

State v. Deandre J. Bernard, 2012AP750-CR, District 4, 10/17/13; court of appeals decision (not recommended for publication); case activity

Trial counsel’s failure to impeach witness with mental health condition was not prejudicial

Trial counsel was not ineffective for failing to impeach the credibility of a witness who testified that Bernard told her “I think I killed a boy.” Bernard argued the witness suffers from a mental condition that affects her perceptions and recollections and that trial counsel should have requested access to the witness’s mental health records and used the records to impeach her.

Review of published court of appeals decision; case activity

Issue (composed by On Point)

Was Nellessen entitled to an in camera review under Wis. Stat.§ 905.10(3)(b) to determine whether an informant may be able to give testimony necessary to a fair determination of the issue of guilt or innocence, when the defendant claims she was unaware there were controlled substances in the trunk of her car,

Review of published court of appeals decision; case activity

Issue (composed by On Point)

Does Wis. Stat. § 972.11(2)(b)1. bar evidence of prior consensual sexual activity between a defendant and complainant in a case involving alleged forcible criminal conduct because the consensual conduct is not relevant to a material fact in the case?

Petitions for review are not electronically filed,

State v. Damon R. Lowe, 2012AP555-CR, District 2, 9/18/13; court of appeals decision (not recommended for publication); case activity

Lowe, charged with sexual and physical abuse of V.A.L., his adopted daughter, sought to present evidence that she was motivated to fabricate her allegations because she wanted to get away from her overly strict father, who restricted her use of cell phones, her internet use, and her choice of friends.

State v. George R. Ferrell, Appeal No. 2012AP2602, 9/26/13, (1-judge; ineligible for publication); case activity

A state trooper does not need evidence such as odors, admissions or containers to have probable cause to arrest for OWI.  These facts will do the trick:

 ¶12 . . . [T]he State Patrol received several reports that Ferrell was driving erratically and dangerously.  Thiede observed that Ferrell was speeding and watched Ferrell swerve within his lane. 

State v. Raphfael Lyfold Myrick, 2013 WI App 123; case activity

Wow!  District 1 is really on a roll.  Twice in less than one week they’ve reversed a conviction for first-degree murder.  Last Friday it was State v. Wilson, 2011AP1803, a summary reversal and hence not summarized by On Point.  Wednesday, it was State v. Myrick, the subject of today’s post.

State v. Amos L. Small, 2013 WI App 117; case activity

Right to a public trial

The circuit court appropriately excluded a person from the courtroom under State v. Ndina, 2009 WI 21, 315 Wis. 2d 653, 761 N.W.2d 612, after the prosecutor asserted the had threatened a state’s witness after her testimony. (¶9). While Small’s lawyer objected to the exclusion of the person on the grounds it violated Small’s right to a public trial and was based on a hearsay statement,