On Point: 15. Evidence

State v. Lionel N. Anderson, 2005 WI App 238
For Anderson: Harry R. Hertel; Steven H. Gibbs

Issue/Holding: Evidence of flight is not other-acts evidence but, rather, “an admission by conduct”; thus, evidence that Anderson fled the state after learning that the police had been contacted was admissible, ¶29, citing, State v. Earl L. Miller, 231 Wis.2d 447, 462, 605 N.W.2d 567 (Ct.

State v. Van G. Norwood, 2005 WI App 218
For Norwood: Terry Evans Williams

Issue: Whether objection to admissibility of a defendant’s statement on the ground that it was “an offer of settlement” (which thus raised a § 904.08 bar) sufficed to raise a § 904.10 objection of an inadmissible offer to plead guilty.

Holding:

¶17      First, at the very least, trial counsel’s objection should have led the court to Wis.

State v. Thomas A. Greve, 2004 WI 69, on certification
For Greve: Jeffrey J. De La Rosa

Issue: Whether State v. Crowell, 149 Wis. 2d 859, 440 N.W.2d 352 (1989), construing Wis. Stat. § 972.15 as limiting the use of a court-ordered presentence investigation report (PSI) to postconviction settings, also applies to a defendant’s sentencing memorandum.

Holding:

¶17.

State v. Gregory J. Franklin, 2004 WI 38, affirming unpublished decision of court of appeals
For Franklin: Patrick M. Donnelly, SPD, Madison Appellate

Issue/Holding:

¶16. In order to be admissible in a ch. 980 proceeding, all evidence must be relevant and that relevance must not be outweighed by the danger of unfair prejudice. Wis. Stat. § 904.01; Wis. Stat. § 904.03;

State v. Joseph J. Guerard, 2004 WI 85, reversing unpublished decision of court of appeals
For Guerard: Joseph L. Sommers

Issue/Holding:

¶23. The central issue in this case is the extent of corroboration required under Wis. Stat. § 908.045(4) for statements tending to expose the declarant to criminal liability and offered to exculpate the accused. We addressed this issue at length in Anderson,

Custodian of Records for Legislative Technology Services Bureau v. State, 2004 WI 65, reconsideration denied, 2004 WI 149

Issue/Holding:

¶11  Wahl contends that Wis. Stat. § 13.96, as it interacts with Wis. Stat. § 905.01, creates a statutory privilege that, while not expressly stated, is implicit in LTSB’s obligation to treat all information within its possession as confidential.  Therefore, as the legal custodian of the information stored by the LTSB,

State v. Jimmie R.R., 2004 WI App 168, motion for reconsideration denied 9/15/04
For Jimmie R.R.: Martha K. Askins, SPD, Madison Appellate

Issue: Whether the holding of State v. Crowell, 149 Wis. 2d 859, 440 N.W.2d 352 (1989) with respect to confidentiality of presentence reports “only prohibited use of information obtained during the presentence investigation in a subsequent trial concerning the same charges,

State v. Jimmie R.R., 2004 WI App 168, motion for reconsideration denied 9/15/04
For Jimmie R.R.: Martha K. Askins, SPD, Madison Appellate

Issue/Holding: ¶¶21-22: Confidentiality of court-ordered presentence reports, State v. Crowell, 149 Wis. 2d 859, 440 N.W.2d 352 (1989) is not a right applicable to defense-prepared PSRs, State v. Thomas A. Greve,

State v. Henry W. Aufderhaar, 2004 WI App 208, PFR filed 11/16/04
For Aufderhaar: J. Paul Neumeier Jr.; Raymond E. Krek

Issue/Holding:

¶27                        Here, it is true that the delinquency petition, though filed in court, was never in Aufderhaar’s hands before the waiver hearing took place.  However, at the time of the hearing, Aufderhaar is presumed to have had notice that such a petition existed because the notice of waiver hearing was sent to his correct Montana address before the waiver hearing and that notice was never returned as undeliverable. 

State v. Gregg A. Pfaff, 2004 WI App 31
For Pfaff: Rex Anderegg

Issue/Holding:

¶26. While a polygraph test result is inadmissible in Wisconsin, see State v. Dean, 103 Wis. 2d 228, 279, 307 N.W.2d 628 (1981), an offer to take a polygraph test is relevant to an assessment of the offeror’s credibility and may be admissible for that purpose. State v.