On Point

State v. Leonard C. Matson, 2003 WI App 253 For Matson: Michael Yovovich, SPD, Madison Appellate Issue/Holding: Where counsel had raised a pre-sentencing objection on ground of plea bargain breach to the use of a detective’s letter to the court asking for a sentence exceeding the bargained length, failure to raise further objection at sentencing […]

State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶58. First, the circuit court could reasonably have concluded, as it did, that the other-acts evidence was admissible for the purpose of establishing context. Other-acts evidence is permissible to show the context of the crime and […]

State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding:   ¶59. The other-acts evidence was permissible to show the victims’ state of mind, to corroborate information provided to the police, and to establish the credibility of victims and witnesses in light of their recantations. Such […]

State v. John P. Hunt, 2003 WI 81, reversing unpublished order of court of appeals For Hunt: Rex R. Anderegg Issue/Holding: ¶60. Next, the circuit court could reasonably have concluded that the other-acts evidence was admissible for the purpose of establishing opportunity and motive. When a defendant’s motive for an alleged sexual assault is an element of […]

State v. Timothy M. Ziebart, 2003 WI App 258 For Ziebart: Robert R. Henak Issue: Whether the holding of State v. Alsteen, 108 Wis. 2d 723, 324 N.W.2d 426 (1982) (re sexual assault where the defendant admits the act but claims consent: prior sexual misconduct has no probative value) imposes an absolute bar against admissibility of prior […]

State v. Rodney K. Stenseth, 2003 WI App 198, PFR filed 9/2/03 For Stenseth: Robert A. Ferg Issue/Holding: The state did not violate the plea bargain, which limited its recommended disposition to two years’ confinement plus extended supervision, by expressing agreement with some portions of the PSI (which recommended 8 years’ confinement plus supervision): ¶12. […]

State v. Robert Jamont Wright, 2003 WI App 252 For Wright: Ann Auberry Issue/Holding: ¶44. Alternatively, Wright argues that Lomack’s testimony was admissible as other acts evidence of a third-party perpetrator pursuant to Scheidell. Scheidell involved the admissibility of other acts evidence committed by an unknown third party, which was proffered by the accused on the issue of […]

State v. William A. Silva, 2003 WI App 191, PFR filed 9/4/03 For Silva: Martin E. Kohler, Brian Kinstler, Donald E. Chewning Issue/Holding: Prior sexual assaults were admissible at Silva’s trial for 1st-degree sexual assault of his 6-year old niece: Silva’s 13-year old niece; Silva’s girlfriend’s 13-year old daughter; and Silva’s 9-year old daughter. ¶¶27-28.

State v. Richard G.B., 2003 WI App 13, PFR filed 1/13/03 For Richard G.B.: Bridget E. Boyle Issue: Whether the “third-party exception” to spousal privilege — which overrides the privilege for crimes committed “against” the spouse, § 905.05(3) — is triggered by sexual assault of a non-spouse, on the theory that such an act amounts to adultery, § 944.16(1), […]

State v. Phonesavanh Vanmanivong, 2003 WI 41, reversing, 2001 WI App 299 For Vanmanivong: John J. Grau Issue/Holding: ¶33. With the benefit of these above-stated standards, we now move to the second issue: the application of the procedures in this case. The parties here agree, as do we, that it was error for the circuit court to […]