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18. Evidentiary decisions

State v. Robert A. Schoengarth, 2015AP1834-CR, 2/11/16, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court erroneously exercised its discretion when it ordered that police could not testify about Schoengarth’s performance on field sobriety tests. The judge apparently accepted Schoengarth’s argument that exclusion was appropriate because he had agreed to do… Read More

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Town of Bloomfield v. Petko Zvetkov Barashki, 2015AP226, District 2, 6/24/15 (one-judge decision; ineligible for publication); case activity In a case the court of appeals aptly describes as “unusual,” the court exercises its discretionary power of reversal under § 752.35 to throw out Barashki’s OWI 1st conviction and refusal finding on the grounds that the… Read More

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Fond du Lac County v. Douglas L. Bethke, 2013AP2297, District 2, 4/30/14 (1-judge; ineligible for publication); case activity The circuit court did not erroneously exercise its discretion when it excluded evidence of particular crime lab errors that happened years before Bethke’s blood sample was analyzed. Before Bethke’s OWI trial the County moved to bar evidence that… Read More

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State v. Tammy S. Cole, 2013AP947-CR, District 4, 2/27/14; court of appeals decision (not recommended for publication); case activity The trial court did not err in declining to instruct on second-degree reckless homicide or homicide by negligent handling of a dangerous weapon, as Cole requested at her trial on one count of first degree intentional… Read More

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Here’s an issue in search of a published decision.  In 2011, Wisconsin amended Wis. Stat § 907.02 to require circuit courts to apply the Daubert test for the admissibility of expert testimony. Thus far, no Wisconsin appellate court has interpreted and applied the new § 907.02, so we don’t know the standard for reviewing circuit court decisions pursuant… Read More

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State v. Desmond Dejuan Laster, 2012AP1739-CR, District 1, 4/2/13; court of appeals decision (not recommended for publication); case activity The trial court did not erroneously exercise its discretion in making two evidentiary rulings or in denying Laster’s  motion for a mistrial. On the first evidentiary ruling, the court of appeals holds the trial court properly… Read More

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State v. Dion M. Echols, 2010AP2626-CR, District 1, 9/27/11 court of appeals decision (not recommended for publication); for Echols: Amelia L. Bizzaro; case activity Evidence held sufficient to establish “great bodily harm” element of 1st-degree sexual assault, § 940.225(1)(a), where the harm was inflicted a short time after the assault. ¶23      In this case, the trial court… Read More

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State v. Henry W., 2011AP693, District 1, 6/7/11 court of appeals decision (1-judge, not for publication); for Henry W.: Jane S. Earle; case activity Testimony of a “bonding expert” as to how the child’s view of her father would make it difficult for him to meet conditions of return, was relevant and admissible in the… Read More

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