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17. Videotapes of children

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State v. Richard A. Boie, 2019AP520, 3/5/20, District 4 (not recommended for publication); case activity (including briefs) Boie appeals his jury-trial conviction for repeated sexual assault of the same child and the denial of his postconviction motion. He raises issues arising from the videotaped interview of his accuser, admitted under Wis. Stat. § 908.08. On the… 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. J.L.B., 2016AP2358, District 4, 8/3/17 (one-judge decision; ineligible for publication); case activity The circuit court erred in finding that a six-year-old child’s videotaped interview was admissible under § 908.08 because nothing in the interview showed the child understood the importance of telling the truth and that there are negative consequences to untruthfulness. See §… Read More

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State v. Beverly Reshall Holt, 2013AP2738-CR, 3/8/16, District 1 (not recommended for publication); case activity (including briefs) The trial court did not err in admitting the audiovisual recording of the forensic interview of Caleb, one of the child victims, at Holt’s trial for child sexual assault. Holt was charged with two counts of first-degree child sexual assault for having intercourse… Read More

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State v. Roy H. Beals, 2012AP1079-CR, District 2/1, 7/9/13; court of appeals decision (not recommended for publication); case activity Ineffective assistance of counsel Trial counsel in a sexual assault prosecution was not ineffective for failing to object to portions of two different video statements of the child victim (one from 2007, the other from 2009) because the… Read More

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State v. Kevin D. James, 2005 WI App 188 For James: Terry W. Rose Issue/Holding: The mere fact that § 908.08 imposes a mandatory protocol (videotape admitted into evidence first; child called to testify afterward) violates neither confrontation, ¶¶10-14, nor separation-of-powers, ¶¶15-25, doctrines.This statutory procedure allows the State to introduce a child’s videotaped statement, with the… Read More

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Videotaped statement of Child, § 908.08(3)

State v. Robert L. Snider, 2003 WI App 172, PFR filed 8/22/03 For Snider: Timothy J. Gaskell Issue: Whether a child-victim’s videotaped statement must satisfy all the conditions in § 908.08, or may instead satisfy the residual exception. Holding: ¶12. We agree with the State that the plain language of Wis. Stat. § 908.08(7) permits the admission of a child’s… Read More

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