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6. Particular types of evidence

State v. Stanley J. Maday, Jr., 2017 WI 28, 4/5/17, reversing a per curiam court of appeals decision, 2015AP366-CR; case activity (including briefs) This “he said, she said” case resulted in a verdict finding Maday guilty of child sexual assault.  Catherine Gainey, the social worker who conducted a “cognitive graphic interview” of K.L., the alleged… Read More

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State v. Michael Chough, 2016AP406-CR, District 2, 1/25/17 (one-judge decision; ineligible for publication); case activity (including briefs) Chough’s challenge to the reliability of expert testimony regarding his blood alcohol content at the time he was driving fails under State v. Giese, 2014 WI App 92, 356 Wis. 2d 796, 854 N.W.2d 687. ¶20     We see… Read More

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State v. B.H., 2016AP892-893, District 1, 12/28/16 (1-judge opinion, ineligible for publication) B.H.’s twins were taken from her due to a report of violence between her and their father. The trial court found that she had failed to meet the conditions for their return and to assume parental responsibility. B.H. argues that those findings rest upon inadmissible… Read More

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State v. Ali Garba, 2015AP1243-CR, District 2, 10/5/16 (one-judge decision; ineligible for publication); case activity (including briefs) Garba wanted to present testimony from two expert witnesses about possible reliability problems with the gas chromatography tests of his blood, but the circuit court wouldn’t let him. The court of appeals holds the circuit court properly exercised… Read More

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Toxicologist could give opinion about impairment

State v. Lory F. Kerk, 2015AP2608-CR, District 3, 9/13/16 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court didn’t err in allowing the state to elicit testimony from its expert toxicologist that Kerk was impaired by the amount of alcohol and prescription drugs found in her blood. Kerk’s BAC was .063 and… Read More

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State v. Robert Lavern Cameron, 2016 WI App 54; case activity (including briefs) This decision feels like an encounter with a swarm of mosquitoes on a pleasant summer evening. But because it is recommended for publication, you can’t just swat it away. Indeed, the court of appeals’ analysis of the issues will leave you reaching for… Read More

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Review of a per curiam court of appeals decision; case activity (including briefs) Issue (copied from the State’s petition for review): No witness, expert or otherwise, may give an opinion at a trial that another mentally and physically competent witness is telling the truth. Here, the social worker who interviewed a child regarding her claim… Read More

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United States v. Antonio West, 7th Circuit Court of Appeals Case No. 14-2514, 12/30/15 The trial court erroneously excluded expert evidence that West sought to admit regarding factors that made him susceptible to making an unreliable confession to a crime. West, a felon, confessed to possessing a firearm. He moved to suppress his statement arguing… Read More

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