On Point: 15. Evidence

State v. Gordon R. Anderson, Jr., 230 Wis.2d 121, 600 N.W.2d 913 (Ct. App. 1999)
For Anderson: Craig M. Kuhary

Issue: Whether the trial court erred in admitting evidence in this 1st degree homicide trial of a prior sexual assault that resulted in Anderson being sent to prison, as evidence of his motive and intent to kill the deceased so she couldn’t testify against him.

Holding: The prior acts evidence was relevant and not unfairly prejudicial.

State v. John J. Thoms, 228 Wis. 2d 868, 599 N.W.2d 84 (Ct. App. 1999)
For Thoms: Steven L. Miller

Holding: On a charge that Thoms sexually assaulted his sister, the trial court allowed the state to introduce evidence that, 14 years before, he had allegedly sexually assaulted both a stranger and his niece, as evidence of “common plan or scheme to obtain sexual gratification by force.”

State v. Audrey A. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999)
For Edmunds: Dean A. Strang

Holding: In her opening statement, Edmunds told the jury that no one would testify that she did “an unloving act to a child.” This assertion allowed the state to show that she had struck a child over the head with a hard cover book.

In re Petition for Subpoena of Documents: Ramiro Estrada v. State, 228 Wis.2d 459, 596 N.W.2d 496 (Ct. App. 1999)
For Estrada: Keith A. Steckbauer

Holding: An alleged sexual assault perpetrator’s wife videotaped an interview with the complainant, after an attorney told them it would be helpful to know more about the allegations. The court of appeals upholds a discovery order to turn the video over to the prosecution,

State v. Peter Ballos, 230 Wis.2d 495, 602 N.W.2d 117 (Ct. App. 1999)
For Ballos: Robert N. Myeroff.

Issue: Whether the trial court should have ordered production of the state’s witness’s mental health records, for in camera inspection, upon showing that the witness had been hospitalized for depression and was obsessed with bomb-building, and where the theory of defense was that the witness rather than defendant committed the crime.

State v. Curtis M. Agacki, 226 Wis.2d 349, 595 N.W.2d 31 (Ct. App. 1999)
For Agacki: John M. Carroll.

Issue/Holding: Psychotherapist-patient may be abrogated by “dangerous-patient exception” recognized by Schuster v. Altenberg, 144 Wis.2d 223, 424 N.W.2d 159 (1988), and Tarasoff v. Regents of the Univ. of Cal., 551 P.2d 334 (Cal. 1976).

State v. David C. Tutlewski, 231 Wis.2d 379, 605 N.W.2d 561 (Ct. App. 1999)
For Tutlewski: Dianne M. Erickson

Issue: Whether one witness’s opinion that state’s witnesses were incapable of lying invaded the jury’s province.

Holding: This testimony violated the rule that one witness may not testify to the credibility of another witness.

The alleged sexual assault victim and her roommate are cognitively disabled.

State v. Rodney G. Zivcic, 229 Wis.2d 119, 598 N.W.2d 565 (Ct. App. 1999)
For Zivcic: John J. Carter

Holding: The trial court’s discretionary determination to admit expert testimony on the HGN sobriety test is upheld. In particular, specialized knowledge in the “underlying principles” of HGN testing isn’t necessary. All that’s required is expertise in administering and evaluating the test.

State v. Kurt J. Doerr, 229 Wis.2d 616, 599 N.W.2d 897 (Ct. App. 1999)
For Doerr: John M. Carroll

Holding: A preliminary breath test (unlike certain other breath test instruments) requires expert testimony to explain its import:

The PBT device has not been approved by the DOT and does not receive a prima facie presumption of accuracy to establish a defendant’s blood alcohol level. Therefore,

State v. Peter Ballos, 230 Wis.2d 495, 602 N.W.2d 117 (Ct. App. 1999)
For Ballos: Robert N. Myeroff

Issue/Holding:

¶12. Wisconsin case law has not yet clarified whether, or on what basis, 911 calls, tapes, or transcripts may be admissible. Although the precise analysis may vary from case to case or even from call to call depending on the specific facts and circumstances, we see several avenues of admissibility for 911 evidence,