On Point blog, page 45 of 68
§ 901.03, Plain Error – Generally
State v. Donald W. Jorgensen, 2008 WI 60, reversing unpublished decision
For Jorgensen: Martha K. Askins, SPD, Madison Appellate
Issue/Holding:
¶21 Wisconsin Stat. § 901.03(4) (2003-04) recognizes the plain error doctrine. [3] The plain error doctrine allows appellate courts to review errors that were otherwise waived by a party’s failure to object. State v. Mayo, 2007 WI 78,
Plain Error, § 901.03(4) – Prosecutor’s Closing Argument as Violating Confrontation
State v. Donald W. Jorgensen, 2008 WI 60, reversing unpublished decision
For Jorgensen: Martha K. Askins, SPD, Madison Appellate
Issue/Holding:
¶39 Jorgensen’s right to confrontation was also violated during the prosecutor’s closing argument. The prosecutor took what the jury had improperly heard during the trial a step further. She “testified” that Jorgensen was a “chronic alcoholic” who did not acknowledge his problem,
Particular Examples of Misconduct, § 904.04(2) – Recognizance Bond as Documentary Proof of Defendant’s Connection to Place Where Drugs Founds – Criminal History Generally Inadmissible
State v. Ronell E. Harris, 2008 WI 15, affirming unpublished decisionFor Harris: Ralph J. Sczygelskis
Issue/Holding: A document, identified to the jury as “recognizance of bond in a criminal case … by the defendant,” found in the same room as a controlled substance and meant to show his connection to the drug, was inadmissible:
¶82 Criminal History Generally Inadmissible. Ordinarily evidence of a defendant’s criminal history is not admissible because when such evidence is admitted,
Extraneous Misconduct Admissibility, § 904.04 – Pornographic Images — “Greater Latitude” Rule, Applicable to Sexual Assault of Vulnerable Adult
State v. Timothy J. Normington, 2008 WI App 8, PFR filed 12/21/07
For Normington: Stephen J. Eisenberg
Issue: Whether images downloaded from the defendant’s computer, depicting objects inserted into women’s vaginas and into men’s and women’s anuses, were admissible on a charge of sexual assault of a mentally deficient victim involving an object inserted in his anus.
Holding:
¶19 We conclude the circuit court correctly decided that the greater latitude rule was available in cases where the other acts evidence is pornography,
Opinion & Expert Testimony – “Death Scene” Analysis
State v. Craig A. Swope, 2008 WI App 175
For Swope: Dianne M. Erickson
Issue: Whether “death scene” analysis from an FBI agent was admissible to establish cause of simultaneous death of two elderly individuals found dead in their home.
Holding:
¶25 The general field of crime scene analysis has been recognized as being a body of specialized knowledge. United State v.
Expert Testimony – Opinion as to Issue of Domestic Law
State v. Louis H. LaCount, 2008 WI 59, affirming 2007 WI App 116
For LaCount: T. Christopher Kelly
Issue: Whether the circuit court erroneously admitted an attorney’s expert opinion testimony that LaCount had engaged in a securities transaction.
Holding:
¶19 As noted previously, appellate courts use the deferential erroneous exercise of discretion standard when reviewing a circuit court’s decision to admit expert testimony.
Expert Opinion Testimony re: Truthfulness of Complainant, as to Signs of Coaching or Suggestion
State v. Bryan James Krueger, 2008 WI App 162
For Krueger: Bradley J. Lochowicz
Issue/Holding:
¶15 Here, Mason was asked whether she had formed an opinion as to whether or not S.B. “was the product of any suggestibility or any coaching.” … Signs of coaching or suggestion could fall into the realm of knowledge that is outside that of a lay-person jury. [10]
¶16 However,
Newly Discovered Evidence – Renewed Effort, Based on Changes in Medical Opinion, Not Barred
State v. Audrey A. Edmunds, 2008 WI App 33; prior history: State v. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999), habeas relief denied, Edmunds v. Deppisch, 313 F.3d 997 (7th Cir. 2002)
For Edmunds: Keith A. Findley, UW Law School
Issue/Holding: Presentation of expert testimony to establish, under a theory of newly discovered evidence,
Newly Discovered Evidence – Change in Medical Opinion with Respect to Shaken Baby Syndrome – Probability of Different Result
State v. Audrey A. Edmunds, 2008 WI App 33; prior history: State v. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999), habeas relief denied, Edmunds v. Deppisch, 313 F.3d 997 (7th Cir. 2002)
For Edmunds: Keith A. Findley, UW Law School
Issue/Holding: Edmunds was convicted over a decade ago of causing the death of a baby in her charge;
Postconviction Procedure – Discovery – Privileged Material – Insufficient Showing for In-Camera Inspection of Victim’s Toxicology Report
State v. Terry L. Kletzien, Jr., 2008 WI App 182
For Kletzien: James A. Rebholz
Issue/Holding:
¶8 A person convicted of a crime has a due process right to postconviction discovery if “the desired evidence is relevant to an issue of consequence.” State v. Ziebart, 2003 WI App 258, ¶32, 268 Wis. 2d 468, 673 N.W.2d 369. Whether to grant a motion requesting postconviction discovery is committed to the trial court’s discretion.