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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.

“Shiffra”: Viability Affirmed

State v. Johnny L. Green, 2002 WI 68, affirming unpublished court of appeals opinion
For Green: Nicolas G. Griswold

Issue/Holding: Viability of State v. Shiffra, 175 Wis. 2d 600, 499 N.W.2d 719 (Ct. App. 1993) upheld, against claim by state that it should be overturned. ¶22 n. 4. State v. Munoz, 200 Wis. 2d 391,

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Expert Witness Qualification — Confession: Recantation and Interview Techniques (– and Generally)

State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision
For St. George: Donald T. Lang, SPD, Madison Appellate

Issue: “Was the circuit court’s exclusion of the testimony of the defendant’s expert witness an erroneous exercise of discretion, or alternatively, a deprivation of the defendant’s constitutional right to present evidence, as the defendant asserted?” ¶2

Holding: The trial court’s rejection of the expert was based on his lack of extensive experience in the area;

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Business Record Exception, § 908.03(6) — Crime Lab Report

State v. Luther Williams, III, 2002 WI 58, reconsideration denied 2002 WI 118; on certification
For Williams: Martha K. Askins, SPD, Madison Appellate

Issue: Whether a crime lab report is admissible under the business records exception, § 908.03(6).

Holding:

¶48. There can be little question that when state crime labs generate reports like those at issue here,

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Witness – Rebuttal

State v. Richard N. Konkol, 2002 WI App 174
For Konkol: Brian Hough

Issue/Holding: The proper test for admissibility of rebuttal evidence isn’t whether it could have been admitted in, or would have been useful to, the state’s case-in-chief, but whether it meets new facts put in by the defendant. ¶¶18-19.

¶18      Thus, the only other basis for barring the witness would be that she was not a bona fide rebuttal witness. 

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Rape-Shield, § 972.11 – Complainant’s Prior Sexual Conduct – Alternative Source of Sexual Knowledge

State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision
For St. George: Donald T. Lang, SPD, Madison Appellate

Issue: “Was the circuit court’s exclusion of the defendant’s proffered evidence of the child victim’s prior sexual contact with another child a denial of the defendant’s constitutional right to present evidence?” ¶2.

Holding: Application of § 972.11 to deprivation of the defendant of his constitutional rights is a question of “constitutional fact”

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§ 904.01, Relevance – “Profile Character” (Richard A.P.) Evidence (Absence of Sex Offender Characteristics)

State v. Glenn E. Davis, 2002 WI 75, reversing and remanding 2001 WI App 210, 247 Wis. 2d 917, 634 N.W.2d 922
For Davis: James M. Shellow

Issue: Whether Richard A.P. evidence — that the defendant lacks the psychological characteristics of a sex offender and, therefore, was unlikely to have committed the charged offense — is admissible.

Holding:

¶15.

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Expert — Recantation and Interview Techniques

State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision

For St. George: Donald T. Lang, SPD, Madison Appellate

Issue: “Was the circuit court’s exclusion of the testimony of the defendant’s expert witness an erroneous exercise of discretion, or alternatively, a deprivation of the defendant’s constitutional right to present evidence, as the defendant asserted?” ¶2

Holding: The trial court’s rejection of the expert was based on his lack of extensive experience in the area;

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Involuntary Statement — Procedure for Challenging

State v. Stanley A. Samuel, 2002 WI 34, reversing 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565

For Samuel: Robert A. Henak

Issue/Holding: “¶35. Under Velez, first the defendant must bring a motion to suppress, alleging facts sufficient to show that a statement was involuntary under Clappes and that the police misconduct at issue is egregious such that it produces statements that are unreliable as a matter of law.

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Involuntary Statement — Test

State v. Stanley A. Samuel, 2002 WI 34, reversing 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565

For Samuel: Robert A. Henak

Issue/Holding: “¶30. With due process as our touchstone, we conclude that when a defendant seeks to suppress witness statements as the product of coercion, the police misconduct must be more than that set forth in Clappes.

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Custody — Handcuffed in Squad

State v. Zan Morgan, 2002 WI App 124
For Morgan: Timothy A. Provis

Issue: Whether Morgan was in custody, for Miranda purposes, after being handcuffed and placed in the back of a squad car.

Holding: Custody is determined under “the totality of the circumstances, including such factors as: the defendant’s freedom to leave; the purpose, place, and length of the interrogation; and the degree of restraint.”

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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.