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3. Business records

City of West Bend v. Rebecca L. Smith, 2016AP2170, 10/18/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Smith appeals her jury-trial conviction for OWI. She argues that the court erroneously admitted, over hearsay objection, the computer aided dispatch activity report indicating the times that the police took various actions. She also… 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Nicole Marie Thomas v. Korry Ardell, 2014AP295, District 4, 11/13/14 (not recommended for publication); case activity The circuit court did not erroneously exercise its discretion in refusing to admit cell phone records because the proponent of the evidence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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State v. Luther Williams, III, 2002 WI 58, reconsideration denied 2002 WI 118; on certification For Williams: Martha K. Askins, SPD, Madison Appellate Issue: Whether a crime lab report is admissible under the business records exception, § 908.03(6). Holding: ¶48. There can be little question that when state crime labs generate reports like those at… Read More

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