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11. Prior inconsistent stmnt

State v. Angel Mercado, 2018AP2419-CR, petition for review of a published decision granted 5/19/20; case activity Issues (from the State’s petition for review): 1.  Did the court of appeals contravene §901.03(1)(a) when it directly reviewed Mercado’s forfeited challenges to the admission of the victims’ forensic interview videos into evidence? 2.  Did the circuit court court… Read More

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State v. Angel Mercado, 2020 WI App 14, petition for review granted, 5/19/20; case activity (including briefs) The court of appeals orders a new trial for Mercado on the grounds the circuit court erred in admitting the video statements of three children who accused him of sexually assaulting them. The circuit court didn’t comply with… Read More

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State v. Christopher Deshawn McGinnis, 2017AP2224-CR, 3/5/19, District 1 (not recommended for publication); case activity (including briefs) The court of appeals found certain hearsay statements admissible under the “statement against penal interest” and “prior inconsistent statement” exceptions to the hearsay rule. It also held that part of a detective’s testimony qualified as hearsay, but its… Read More

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State v. David McAlister, Sr., 2018 WI 34, 4/17/18, affirming an unpublished court of appeals order, 2014AP2561; case activity A jury convicted McAlister in 2007 of three counts having to do with an attempted and a completed armed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

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State v. Connie Mae Apfel, 2016AP188-CR, District 3, 11/29/16 (one-judge decision; ineligible for publication); case activity (including briefs) The circuit court properly exercised its discretion in admitting extrinsic evidence of the complaining witness’s statements to the police as prior inconsistent statements under §§ 908.01(4)(a)1. and 906.13(2)(a) after the witness expressed reluctance to testify and said he didn’t remember… Read More

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State v. Rafael D. Honig, 2016 WI App 10; case activity (including briefs) Honig, convicted at trial of two first-degree child sexual assaults, asserts that his trial counsel mishandled three issues bearing on the credibility of his accusers; the court of appeals agrees. Honig was accused of having intercourse and sexual contact with his two granddaughters, aged three… Read More

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State v. Ryan P. O’Boyle, 2014AP80-CR, District 1, 11/4/14 (not recommended for publication); case activity O’Boyle’s claims of ineffective assistance of counsel are rejected because trial counsel’s performance wasn’t deficient. O’Boyle, charged with attempted first degree intentional homicide, raised a self-defense claim. He claimed trial counsel was ineffective for failing to ask for the eyewitness… Read More

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State v. Ramon G. Gonzalez, 2012AP1818-CR, District 1, 7/23/13; court of appeals decision (not recommended for publication), petition for review granted, 1/19/14, affirmed, 2014 WI 124; case activity Self-incrimination — requiring defendant to show physical characteristic to jury Where inmate victim of battery by another prisoner identified one of his assailants as an inmate “with platinum… Read More

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