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Chain of Custody

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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State v. Tiron Justin Grant, 2014AP2965-CR, District 1, 11/24/2015 (not recommended for publication); case activity (including briefs) The court serially takes up and rejects each of Grant’s challenges to his conviction, at trial, of possessing cocaine with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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Evidence – Recording – Best Evidence Rule

State v. John D. Harris, 2009AP3140-CR, District 1, 8/17/10 court of appeals decision (1-judge, not for publication); for Harris: Byron C. Lichstein; BiC; Resp.; Reply Testimony of an investigator relating the contents of a recording wasn’t inadmissible under the best evidence rule, § 910.02. ¶11 Although the best evidence rule generally requires an original recording… Read More

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State v. Walter William McCoy, 2007 WI App 15 For McCoy: Andrea Taylor Cornwall Issue/Holding: ¶18   … We start by acknowledging that the chain of evidence in this case is not perfect. There are substantial time gaps as pointed out by McCoy. Nonetheless, the chain of custody evidence was sufficient to support the trial court’s… Read More

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