On Point: 15. Evidence

State v. Charles A. Dunlap, 2002 WI 19, reversing 2000 WI App 251, 239 Wis. 2d 423, 620 N.W.2d 398; affirmed on habeas, Dunlap v. Hepp, 436 F. 3d 739 (7th Cir 2006)
For Dunlap: Jack E. Schairer, SPD, Madison Appellate

Issue: “(W)hether a defendant who is charged with sexual assault should be allowed to present evidence of sexual behavior exhibited by the child complainant prior to the alleged assault,

State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753

For Scott: Joseph E. Redding

Issue: Whether a defense witness was properly impeached with evidence that he was serving life in prison with no prospect for parole.

Holding: The witness’s attempt to admit the crimes and exonerate the defendant would have misled the jury absent revelation of his functional immunity stemming from his parole status: “where no practical,

State v. Michael R. Bauer, 2000 WI App 206, 238 Wis. 2d 6887, 617 N.W.2d 902
For Bauer: Thomas Voss

Issue: Whether evidence that the defendant, while awaiting trial, solicited the murders of people who were going to testify against him was admissible.

Holding:

¶2            Bauer argues that the solicitation evidence was other acts evidence which was improperly admitted pursuant to Wis. Stat.

State v. Ondra Bond, 2000 WI App 118, 237 Wis. 2d 633, 614 N.W.2d 552, affirmed by equally divided court, 2001 WI 56.
For Bond: William Coleman; Janet Barnes, Ellen Henak, SPD, Milwaukee Appellate

Issue/Holding: The prosecution may not use at trial the fact that a defendant stood mute in the face of an accusation. ¶27.

State v. Frank M. Ruszkiewicz, 2000 WI App 125, 237 Wis. 2d 441, 613 N.W.2d 893
For Ruszkiewicz: Mark S. Rosen

Issue: Whether the trial court erred in refusing to order production of the victim’s police and medical records, sought on the theory that they might show a condition that would cause her to bruise easily and, therefore, refute the element of force as demonstrated by her bruises.

State v. Gabriel DeRango, 2000 WI 89, 236 Wis. 2d 721, 613 N.W.2d 833, affirming State v. Derango, 229 Wis. 2d 1, 599 N.W.2d 27
For Derango: Robert G. LeBell

Issue: Whether the trial court properly admitted, as misconduct evidence relevant to motive and intent on child enticement-related charges, depictions of sex acts by young females on videotapes found in the defendant’s home.

State v. Thomas W. Koeppen, 2000 WI App 121, 237 Wis.2d 418, 614 N.W.2d 530
For Koeppen: Richard L. Zaffiro

Issue: Whether a prior act involving drunken resisting arrest was properly admitted into evidence.

Holding: The prior act was admitted on the permissible purposes of showing intent and absence of mistake; had probative value due to strong similarities to the current offense; and, given high probative value along with cautionary instruction,

State v. Luther Wade Cofield, 2000 WI App 196, 238 Wis. 2d 467, 618 N.W.2d 214
For Cofield: Donna L. Hintze, SPD, Madison Appellate

Issue: Whether, on a charge of sexual assault where the defense was consent, evidence of prior sexual assaults were properly admissible.

Holding:

¶11 In reviewing the list set forth in WIS. STAT. § 904.04(2), we reject each of the proper ‘other purposes’

State v. Dale H. Davidson, 2000 WI 91, 236 Wis. 2d 537, 613 N.W.2d 606, reversing State v. Davidson, 222 Wis. 2d 233, 589 N.W.2d 38
For Davidson: Jerome F. Buting & Pamela Moorshead

Issue: Whether, on a charge of sexually assaulting a 13-year old niece while on a camping trip, evidence of the defendant’s conviction ten years previous for sexually assaulting a 6-year old girl in a church basement was admissible.

State v. Edward A. Hammer, 2000 WI 92, 236 Wis. 2d 686, 613 N.W.2d 629, on certification, habeas denied, Hammer v. Karlen, 342 F. 3d 807 (7th Cir. 2003)
For Hammer: Rex Anderegg

Issue: Whether, in a trial for sexual assault of several adolescent males while staying at defendant’s parents’ home, evidence that defendant fondled an adult male, 5-7 years earlier while a guest at his home in Ohio,