On Point

State v. William R. Peterson, 222 Wis. 2d 449, 588 N.W.2d 84 (Ct. App. 1998) For Peterson: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: A trial court sitting as fact-finder6 may derive inferences from the testimony and take judicial notice of a fact that is not subject to reasonable dispute,7 but it may not establish […]

State v. Richard A.P., 223 Wis.2d 777, 589 N.W.2d 674 (Ct. App. 1998) For Richard: Robert Henak Holding: The trial court reversibly erred in refusing to allow an expert psychologist to testify that defendant “did not show any evidence of any diagnosable sexual disorder. … [and] that absent a diagnosable disorder, it is unlikely that […]

State ex rel. Phillip I. Warren v. Schwarz, 219 Wis.2d 615, 579 N.W.2d 698 (1998), affirming State ex rel. Warren v. Schwarz, 211 Wis. 2d 708, 566 N.W.2d 173 (Ct. App. 1997) State v. Phillip I. Warren, 219 Wis.2d 615, 579 N.W.2d 698 (1998), on certification For Warren: Ralph A. Kalal. Issue: Whether “the State […]

State v. Richard A.P., 223 Wis.2d 777, 589 N.W.2d 674 (Ct. App. 1998). For Richard: Robert Henak. Issue/Holding: Diagnosis of multiple personality disorder, to impeach witness: evidence of mental impairment does not, without more, affect witness’s credibility. Without evidence that this condition affected the witness’s recall ability, it is irrelevant.

State ex rel. Phillip I. Warren v. Schwarz, 219 Wis.2d 615, 579 N.W.2d 698 (1998), affirming State ex rel. Warren v. Schwarz 211 Wis. 2d 708, 566 N.W.2d 173 (Ct. App. 1997). State v. Phillip I. Warren, 219 Wis.2d 615, 579 N.W.2d 698 (1998), on certification For Warren: Ralph A. Kalal Issue: “(W)hether the circuit […]

State v. Michael A. Sveum, 220 Wis. 2d 396, 584 N.W.2d 137 (Ct. App. 1998) For Sveum: Robert T. Ruth Issue/Holding: Where the defendant sought admissibility of a statement by a non-testifying declarant on the basis that it was not offered for its truthfulness, but the statement would have probative value only if offered for […]

State v. William R. Peterson, 222 Wis. 2d 449, 588 N.W.2d 84 (Ct. App. 1998) For Peterson: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: The State provides no authority to support the trial court’s imposition of a requirement that, as a matter of law, expert testimony is necessary to establish a foundation for video images, […]

State v. Gary Curtis, 218 Wis. 2d 550, 582 N.W.2d 409 (Ct. App. 1998) For Curtis: Arthur B. Nathan Issue/Holding: Next, Curtis claims that the tapes admitted into evidence at trial were not properly authenticated. At trial, Poivey, a party to the conversations on the tapes, testified that the voices on the tapes were his […]

State v. Reuven Seibert, 220 Wis. 2d 308, 582 N.W.2d 745 (Ct. App. 1998) For Seibert: Jane Krueger Smith Issue/Holding: “(W)hether the proceeding is one under the initial ch. 980 commitment or a later petition for supervised release under § 980.08, there is no constitutional or statutory requirement that the State prove the person is […]

State v. Jason Phillips, 209 Wis.2d 559, 563 N.W.2d 573 (1997), reversing 209 Wis. 2d 559, 563 N.W.2d 573 For Phillips: Arthur B. Nathan Issue/Holding: Entry into defendant’s bedroom was preceded by a concededly illegal entry into defendant’s living area, in basement of house. The court holds that any taint was dissipated by the time consent was given, […]