State v. David McAlister, Sr., 2018 WI 34, 4/17/18, affirming an unpublished court of appeals order, 2014AP2561; case activity A jury convicted McAlister in 2007 of three counts having to do with an attempted and a completed armed robbery. The state’s case was founded on the testimony of two men (Jefferson and Waters) who had… Read More
M. Corroboration rule
State v. J.F.K., 2016AP941, District 3, 12/28/16 (1-judge opinion, ineligible for publication); case activity Fifteen-year-old J.F.K. confessed to having sex twice with his 17-year-old ex-girlfriend. At the delinquency hearing, the State (1) played his video confession, (2) offered the testimony of a detective who said that police had referred the girlfriend to be charged for having sex with J.F.K., and… Read More
State v. Esteban M. Gonzalez, 2010 WI App 104, reversed, 2011 WI 63, see: this post; for Gonzalez: Kristin Anne Hodorowski; BiC; Resp.; Reply Jury Instructions – Exposing Child to Harmful Materials The pattern instruction on exposing a child to harmful material, § 948.11(2)(a), accurately recites the elements, including scienter. ¶11 We agree with the trial… Read More
State v. Edward Bannister, 2007 WI 86, 302 Wis. 2d 158, 734 N.W.2d 892, reversing 2006 WI App 136 Issue/Holding: Bannister’s confession to giving morphine to someone who died from an overdose of the substance was sufficiently corroborated to support his his conviction: ¶ 22 We first address whether the State satisfied the corroboration rule during the course of… Read More