On Point blog, page 1 of 1
Surrogate medical examiner’s testimony didn’t violate Confrontation Clause
State v. Miguel Muniz-Munoz, 2014AP702-CR, 3/1/16, District 1 (not recommended for publication); case activity (including briefs)
By the time Muniz-Munoz went to trial for first degree intentional homicide, the medical examiner who conducted the autopsy of the victim was dead. The trial court allowed another medical examiner who reviewed the case record to give his independent opinion about the cause of the victim’s death. This did not violate Muniz-Munoz’s right to confrontation.
Evidence excluded from state’s case-in-chief because of discovery violation is admissible in rebuttal; “sleeping juror” issue resolved by lack of finding that juror was sleeping
State v. Brent T. Novy, 2013 WI 23, affirming 2012 WI App 10; case activity
Evidence excluded from state’s case-in-chief because of discovery violation is admissible as rebuttal evidence
The trial court excluded the state from presenting fingerprint evidence in its case-in-chief because the state failed to properly disclose the evidence under Wis. Stat. § 971.23(1)(g). But after Novy testified, the court allowed the state to put the evidence in during its rebuttal case.
State v. Brent T. Novy, 2012 WI App 10, petition for review granted 6/13/12
on review of published decision; for Novy: Bridget E. Boyle; case activity
Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation / Sleeping Juror
Issues (Composed by On Point) caution: issue-identification necessarily speculative; check case activity link after briefs filed for verification of issues:
1. a) Whether evidence ruled inadmissible during the State’s case-in-chief as a sanction for violating discovery rules is thereby rendered inadmissible at all stages,
Evidence Excluded from Case-in-Chief for Discovery Violation Admissible on Rebuttal; Appellate Review: Omitted Transcript Presumed to Support Discretionary Trial Court Ruling; Sleeping Juror
State v. Brent T. Novy, 2012 WI App 10 (recommended for publication), petition for review granted, 6/13/12; for Novy: Joseph George Easton; case activity
Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation
Expert witness testimony, excluded from the State’s case-in-chief as a sanction failure to identify the witness during discovery, was admissible on rebuttal to attack the defendant’s testimony after he testified.
Notice of Alibi, § 971.23(8): DA Comment on Missing Witness; Appellate Procedure, Forfeiture of Issue: Sleeping Juror
State v. Forrest Andre Saunders, 2011 WI App 156 (recommended for publication); for Saunders: Robert A. Kagen; case activity
Notice of Alibi, § 971.23(8) – DA Comment on Missing Witness
“Alibi” merely refers to the fact that the defendant was elsewhere when the alleged occurred, ¶21, citing, State v. Brown, 2003 WI App 34, ¶13, 260 Wis. 2d 125, 659 N.W.2d 110.