On Point blog, page 17 of 17
Discovery – Witness List Violation
State v. Ludwig Guzman, 2001 WI App 54, 241 Wis. 2d 310, 624 N.W.2d 717
For Guzman: Robert E. Haney
Issue: Whether the trial court properly excluded a defense witness who had not been timely named as a witness.
Holding:
¶22 The record supports the trial court’s discretionary decision to exclude Rosado’s testimony. Guzman was aware of this witness from the date of the incident.
Cross-examination – in camera inspection of mental health records.
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.
Mental Health Records, Shiffra in camera inspection – Showing of Materiality
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.
“Shiffra” Material –Preliminary Showing for In Camera Inspection
State v. Munoz, 200 Wis. 2d 391, 395, 546 N.W.2d 570 (Ct. App. 1996)
For Munoz: Craig M. Kuhary
Issue/Holding:
Here, as in Lederer, the defense offered nothing more than “the mere possibility” that the records “might produce some evidence helpful to the defense.” Lederer, however, was decided before Shiffra. The broad language of Shiffra-“that the sought-after evidence is relevant and may be helpful to the defense,”