On Point blog, page 6 of 6

Privilege – Patient-Counselor, § 905.04(4) (2001-02) – Extinguished by Mandatory Reporting Obligations

State v. Denis L.R., 2005 WI 110, affirming as modified 2004 WI App 51
For Intervenor Dawn R.: Dwight D. Darrow

Issue/Holding: Revelation of a child’s statement to a counselor, discussing whether or not she had been sexually abused, may not be resisted on ground of privilege:

¶7        We do not address these issues regarding waiver because we conclude that there is no privilege here.

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Authentication, § 909.01

State v. Thomas Scott Bailey Smith, Sr., 2005 WI 104, reversing 2004 WI App 116
For Smith: Patrick M. Donnelly, SPD, Madison Appellate

Issue/Holding: Testimony of a court employee that she had examined a certified copy of a foreign court order and that the exhibit to be admitted into evidence was a copy of that order sufficiently authenticated the exhibit, ¶¶29-32.

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Consent — Authority — Common Authority over Premises

State v. Matthew J. Knapp, 2003 WI 121, on certification; vacated and remanded on other grounds (for further consideration in light of United States v. Patane542 U. S. ____ (2004)Wisconsin v. Knapp, No. 03-590)
For Knapp: Robert G. LeBell

Issue1: Whether the search of Knapp’s bedroom was properly consented to by his brother (George),

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Consent — Authority — Driver’s Consent to Search Passenger’s Property

State v. Jennifer K. Matejka, 2001 WI 5, 621 N.W.2d 891, affirming unpublished decision of court of appeals.
For Matejka: James B. Connell

Issue: “(W)hether, under the consent exception to the Fourth Amendment’s warrant requirement, a driver’s consent to a police officer’s search of a vehicle extends to a passenger’s jacket left in the vehicle at the time of the search.”

Holding:

¶35 Here,

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