14. Residual exceptions, 908.03(24) 908.045(6)

14. Residual exceptions, 908.03(24) 908.045(6)

Ineffective Assistance of Counsel

State v. Victor T. Jackson, 2009AP851-CR, District I, 4/6/10

Hearsay – Residual Exception, § 908.045(6)

Residual Exception, § 908.03(24): Videotaped Statements of Children

Hearsay – Residual Exception — Child Sexual Assault Victim

Hearsay – “Residual” Exception, § 908.45(6)

Ineffective Assistance of Counsel

State v. Victor T. Jackson, 2009AP851-CR, District I, 4/6/10

Hearsay – Residual Exception, § 908.045(6)

Residual Exception, § 908.03(24): Videotaped Statements of Children

Hearsay – Residual Exception — Child Sexual Assault Victim

Hearsay – “Residual” Exception, § 908.45(6)

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October 17, 2011

State v. Michael A. Clements, 2010AP1978-CR, District 4, 10/13/11 court of appeals decision (not recommended for publication); for Clements: Steven D. Grunder, SPD, Madison Appellate; case activity Counsel’s performance not deficient, against claims that he failed to: impeach the complainant with a prior recorded statement; object on hearsay grounds to admissibility of her [...]

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April 14, 2010

court of appeals decision (3-judge; not recommended for publication); for Jackson: Byron C. Lichstein; BiC; Resp.; Reply Hearsay, Child Sexual Assault, Residual Exception Statements by youthful sex assault complainants admissible under residual hearsay exception, court rejecting idea that it’s thereby allowing exception to swallow general rule against hearsay admissibility; confrontation [...]

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June 12, 2005

State v. Derek Anderson, 2005 WI 54, on certification For Anderson: Neil C. McGinn, SPD, Milwaukee Trial; Wm. J. Tyroler, SPD, Milwaukee Appellate Issue/Holding: ¶59 We agree with the State that while Krnak’s statement to Ellifson does not technically qualify as an excited utterance, or statement of recent perception due [...]

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February 11, 2004

State v. Jimmie R.R., 2004 WI App 168, motion for reconsideration denied 9/15/04 For Jimmie R.R.: Martha K. Askins, SPD, Madison Appellate Issue/Holding: A child’s videotaped statement may be admitted under the residual exception, § 908.03(24), without satisfying all the requirements of § 908.08. ¶40. The trial court properly applied [...]

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February 12, 2002

State ex rel. Willie C. Simpson v. Schwarz, 2002 WI App 7, PFR filed 1/11/02 Issue/Holding: Child-sexual-assault-victim’s hearsay statement in this revocation case satisfies test for admissibility under residual exception, State v. Sorenson, 143 Wis. 2d 226, 421 N.W.2d 77 (1988).

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February 12, 1999

State v. Liliana Petrovic, 224 Wis.2d 477, 592 N.W.2d 238 (Ct. App. 1999) For Petrovic: Robert B. Rondini Holding: While executing a search warrant at Petrovic’s home, a detective talked to her 5-year old daughter, who gave him information about 39 marijuana plants growing outside. She ended up being tried [...]

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Need Case Summaries?

On Point now contains most of the posts from the old Case Summaries database. But if you need to visit the old site, just click here.
Pending Legislation

Numerous bills now pending in the state legislature could affect your clients. For a complete list and summary of bills of interest to the State Public Defender, click here.

For an overview of recently-introduced bills, see below.

SB 124 expands restrictions that currently apply to the transfer and sale of handguns to all firearms. Current status - Introduced 4/3/13, awaiting public hearing.

SB 125 is a bill proposed by the Joint Legislative Council following the recommendations of the Special Committee on Review of Emergency Detention and Admission of Minors Under Chapter 51. It creates a pilot, grant funded program with the goal of connecting individuals soon to be released from a county correctional facility with benefits such as social security and medical assistance prior to their release. For more detailed information, please see the report from the special committee to the legislature here. Current status - Introduced 4/3/13, awaiting public hearing.

SB 126 is a bill proposed by the Joint Legislative Council following the recommendations of the Special Committee on Review of Emergency Detention and Admission of Minors Under Chapter 51. It makes changes to the admission procedures for minors in Chapter 51 cases.
For more detailed information, please see the report from the special committee to the legislature here. Current status - Introduced 4/3/13, awaiting public hearing.

SB 127 is a bill proposed by the Joint Legislative Council following the recommendations of the Special Committee on Review of Emergency Detention and Admission of Minors Under Chapter 51. It makes several changes to Chapter 51; most significantly it creates a trigger for the 72 hours timeline from detention to a probable cause hearing. For more detailed information, please see the report from the special committee to the legislature here. Current status - Introduced 4/3/13, awaiting public hearing.

SB 128 is a bill proposed by the Joint Legislative Council following the recommendations of the Special Committee on Review of Emergency Detention and Admission of Minors Under Chapter 51. It changes the membership on county community programs boards. For more detailed information, please see the report from the special committee to the legislature here.

10 Petitions Conference