Follow Us

Facebooktwitterrss
≡ Menu

6. Confrontation, 6th Am.

State v. Peter J. Hanson, 2016AP2058-CR, petition for review of per curiam opinion granted 1/15/19; case activity (including briefs) Issues (from the petition for review): Whether the admission of hearsay statements of a defendant’s deceased wife inculpating him in murder violates his right to confrontation? Whether trial counsel is ineffective in failing to move to… Read More

{ 0 comments }

State v. Kristy L. Malnory, 2018AP216-CR, District 4, 12/13/18 (one-judge decision; ineligible for publication); case activity (including briefs) At Malnory’s trial for operating with a prohibited alcohol content, her lawyer failed to object to the admission of the “Blood/Urine Analysis” form completed at the time of her blood draw. She argues this was deficient performance… Read More

{ 0 comments }

State v. Joseph B. Reinwand, 2017AP850-CR; certification granted 9/4/2018; case activity (including briefs) Issues (from the court of appeals’ certification): 1.  Whether the doctrine that provides for the forfeiture of the right to confrontation by wrongdoing applies at a homicide trial where the declarant is the homicide victim, but where the defendant killed the declarant to prevent… Read More

{ 0 comments }

State v. Joseph B. Reinwand, 2017AP850-CR, District 4, 7/26/18, certification granted 9/4/2018; case activity (including briefs) Issues: We certify this appeal to the Wisconsin Supreme Court to decide a question involving the “forfeiture by wrongdoing” doctrine. Under this doctrine, testimonial statements, which would otherwise be barred under the Confrontation Clause of the Sixth Amendment if the declarant… Read More

{ 0 comments }

State v. Larry L. Garner, 2016AP2201-CR, 4/17/18, District 1 (not recommended for publication); case activity (including briefs) The State charged Garner and 3 other co-defendants with 2 counts of armed robbery use of force, PTAC, and felony murder, PTAC. The trial court ordered separate trials. A mistrial occurred due to juror misconduct, so the court… Read More

{ 0 comments }

We are still waiting for SCOTUS to answer this question.  In the meantime, you might read this update on the Confrontation Blog. If you have this issue in the trial or appellate courts, you might find want to review this white paper tracking the different approaches used by courts around the country. Who knows? Your case… Read More

{ 0 comments }

State v. Lonnie S. Sorenson, 2016AP1540-CR, 12/5/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Sorenson appeals jury-trial convictions for operating with a PAC and possession of drug paraphernalia. He was also found guilty of operating with a detectable amount of THC in his blood, but this was dismissed by operation of… Read More

{ 0 comments }

State v. Eric L. Moore, 2016AP1292-CR, District 1, 10/31/17 (one-judge decision; ineligible for publication); case activity (including briefs) Moore’s right to confrontation wasn’t violated by the admission of the recording of a 911 call about an incident in which Moore was alleged to have committed battery against A.J. Nor was Moore’s lawyer ineffective for deciding not… Read More

{ 0 comments }