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I. Authentication, Ch. 909

City of Berlin v. Ricardo A. Adame, 2017AP2130, District 2, 4/18/18 (one-judge decision; ineligible for publication); case activity (including briefs) There was a sufficient chain of custody evidence to conclude that the blood-alcohol test results offered into evidence by the state related to blood samples taken from Adame. Whether there’s sufficient evidence to establish chain of… Read More

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City of Chetek v. Daniel John McKee, 2017AP207, District 3, 3/15/18 (one-judge decision; ineligible for publication); case activity (including briefs) McKee claimed he was justified in refusing to submit to a breath test under § 343.305(9)(a)5.c. because his chronic gastroesophageal reflux disorder (GERD) and resulting Barrett’s esophagus rendered him physically unable to take the test. (¶¶3-4). McKee sought to admit his… Read More

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State v. Willie Brownlee, Jr., 2015AP2319-CR, 11/21/17, District 1, (not recommended for publication); case activity (including briefs) Two officers stopped Brownlee after he drove his rental car through a red light. One officer approached the driver’s side, the other approached the passenger side occupied by Brownlee’s friend. Both smelled the distinct odor of burnt marijuana… Read More

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State v. Steven N. Jackson, 2015AP2682, 9/22/16, District 4 (1-judge decision; ineligible for publication); case activity (including briefs) Steven Jackson was arrested for OWI and also charged with a refusal to submit to a blood test. On appeal of the refusal, he first argues that the officers lacked probable cause to arrest him. The court of… Read More

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How to authenticate a text message

State v. Giancarlo Giacomantonio, 2016 WI App 62; case activity (including briefs) This is Wisconsin’s first published decision about how parties are to authenticate photographs of text messages so that they are admissible at trial.  The answer is the same way they authenticate other kinds of evidence–via §909.01 and §909.015. Nothing more is required. At Giacomantonio’s trial… Read More

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State v. Tiron Justin Grant, 2014AP2965-CR, District 1, 11/24/2015 (not recommended for publication); case activity (including briefs) The court serially takes up and rejects each of Grant’s challenges to his conviction, at trial, of possessing cocaine with intent to deliver, as well as the sentencing court’s denial of ERP/SAP and CIP eligibility. Various police officers testified… Read More

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State v. Jacob A. Martinez, 2015AP272, District 2, 8/5/15 (one-judge decision; ineligible of publication); case activity (including briefs) Though there were multiple tests of the blood drawn from Martinez after his arrest for OWI—one for ethanol, two for THC (the second necessitated by the invalidity of the results of the first test)—the record and testimony… Read More

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Nicole Marie Thomas v. Korry Ardell, 2014AP295, District 4, 11/13/14 (not recommended for publication); case activity The circuit court did not erroneously exercise its discretion in refusing to admit cell phone records because the proponent of the evidence didn’t provide a proper foundation by presenting either the testimony of a qualified witness or a proper certification proving authenticity… Read More

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