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f. Limits on Cross

State v. Olu A. Rhodes, 2011 WI 73, reversing unpublished COA decision; for Rhodes: John J. Grau; case activity Although the State’s theory of motive was that Rhodes intentionally shot and killed the victim in retaliation for beating Rhodes’ sister the day before, the trial court reasonably precluded cross-examination of the sister on a prior instance… Read More

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Gordon Sussman v. Jenkins, 7th Cir No. 09-3940, 4/1/11 7th circuit decision, granting habeas relief in State v. Sussman, 2007AP687-CR; in chambers opinion on stay Habeas – Confrontation – Rape Shield and Prior False Allegation The state court unreasonably restricted Sussman’s cross-examination of his chief accuser, and thus violated his right to confrontation, by precluding… Read More

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State v. Anthony M. Smith, 2009AP2867-CR, District 1/4, 3/3/11 court of appeals decision (not recommended for publication); for Smith: Rodney Cubbie, Syovata K. Edari; case activity Trial court’s limitations on cross-examination with respect to State witness’s “prior mental condition” or use of medications (prescribed for his Bipolar Disorder and Attention Deficit Disorder) upheld as proper exercise… Read More

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decision below: unpublished; prior On Point post; for Rhodes: John J. Grau Issue (from Table of Pending Cases): Whether a criminal defendant’s constitutional right to confront a witness in cross-examination was infringed, and, if so, whether the infringement was harmless error. Homicide case, tried on State’s theory Rhodes had motive to kill victim for beating Rhodes’… Read More

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7th circuit decision Habeas – Limits on Cros-Examination State court limitation on impeachment of a witness — so as to exclude that portion of a pre-trial conversation containing the defendant’s “self-serving,” thus inadmissible hearsay, statement — wasn’t an unreasonable application of controlling caselaw. Determination of whether “state interests, including those reflected in the state’s evidentiary… Read More

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State v. Olu A. Rhodes, No. 2009AP25, District I, 7/7/10; reversed, 2011 WI 73 court of appeals decision (3-judge; not recommended for publication), reversed, 2011 WI 73; for Rhodes: John J. Grau; BiC; Resp.; Reply ¶10      A defendant’s “right to confront and to cross-examine is not absolute[,]” however, and “‘trial judges retain wide latitude … to… Read More

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