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f. Failure to ID defendant

State v. David Gutierrez, 2017AP2364-CR, petition for review of a published court of appeals decision granted 11/13/19; case activity (including briefs) Issue (based on the State’s Petition for Review): 1. Did the court of appeals violate the standard of appellate review of trial court evidentiary rulings by holding the trial court erred in deciding to exclude… Read More

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State v. David Gutierrez, 2019 WI App 41, petition for review granted, 11/13/19; case activity (including briefs) The circuit court allowed the state to admit testimony that Gutierrez’s DNA wasn’t found after testing of relevant evidence state as well as testimony about why his DNA might not be found; it did not, however, allow Gutierrez… Read More

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State v. Robert Jamont Wright, 2003 WI App 252 For Wright: Ann Auberry Issue/Holding: ¶43. Wright argues that Lomack’s testimony was relevant on the issue of whether the police lineup was suggestive. In assessing relevance, the trial court must determine whether the evidence has any tendency to make the existence of any fact that is… Read More

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