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j. “Testimonial” Evidence

State v. Mark D. Jensen, 2018AP1952, petition for review of a summary court of appeals order granted 6/16/20; case activity Usually we do to the issues presented first. Here, they’re pretty insubstantial, so let’s just say what’s going on: the supreme court has intervened to (potentially) save a manifestly unconstitutional (and you don’t have to… Read more

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State v. Christopher Drew Helwig, 2019AP448-CR, 6/4/20, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs) The circuit court admitted a blood/urine analysis form and lab report containing blood test results into evidence during Helwig’s OWI trial. On appeal Helwig argued that these documents were hearsay. And because the nurse who drew the… Read more

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State v. Joseph B. Reinwand, 2019 WI 25, 3/19/19, on certification from the court of appeals; case activity (including briefs) The Confrontation Clause ordinarily bars the admission of testimonial statements of a witness if the witness does not appear at trial to testify and be cross-examined. But under the “forfeiture by wrongdoing” doctrine, a witness’s… Read more

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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

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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

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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

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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

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State v. Raymond L. Nieves, 2017 WI 69, 6/29/17, reversing an unpublished court of appeals opinion, 2014AP1623-CR; case activity (including briefs) Forget the old saws that “appellate courts decide cases on the narrowest possible grounds,” “appellate courts should not reach constitutional issues when another issue is dispositive,” and “the supreme court should not decide issues… Read more

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