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5. Shiffra-Green

State v. Crystal P. Keith, 2010AP1667-CR, District 1, 5/24/11 court of appeals decision (not recommended for publication); for Keith: John A. Pray; case activity On Keith’s conviction for reckless homicide in beating death of foster son, statements of her biological daughter (such as, “Why does mama have to go to jail for what my daddy… Read More

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State v. Bryan Peter Leather, 2010AP354-CR, District 1, 4/5/11 court of appeals decision (not recommended for publication); for Leather: Rex Anderegg; case activity Leather argues he was entitled to call the prosecutor as a witness to testify about the complainant’s hearsay statements to her. The 6th amendment right to present a defense (confrontation and compulsory process)… Read More

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In Camera Inspection, Shiffra/Green Material

State v. Donovan L. Lewis, 2009AP2531-CR, District 4, 8/26/10 court of appeals decision (3-judge, not recommended for publication); for Lewis: Shelley Fite, SPD, Madison Appellate; BiC; Resp.; Reply Defense access to a complainant’s privileged counseling records requires first convincing the trial court to conduct an in camera inspection to see if the records contain information… Read More

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State v. Terry L. Kletzien, Jr., 2008 WI App 182 For Kletzien: James A. Rebholz Issue/Holding: ¶8        A person convicted of a crime has a due process right to postconviction discovery if “the desired evidence is relevant to an issue of consequence.” State v. Ziebart, 2003 WI App 258, ¶32, 268 Wis.  2d 468, 673… Read More

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Discovery – Privileged Records

State v. Frederick Robertson, 2003 WI App 84 For Robertson: Jefren Olsen, SPD, Madison Appellate Issue/Holding: Where principal issue concerned the complainant’s credibility, indication first revealed after conviction that she had been treated for depression with psychotic features around the time of the incident required in camera inspection to determine whether her mental health records… Read More

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“Shiffra”: Viability Affirmed

State v. Johnny L. Green, 2002 WI 68, affirming unpublished court of appeals opinion For Green: Nicolas G. Griswold Issue/Holding: Viability of State v. Shiffra, 175 Wis. 2d 600, 499 N.W.2d 719 (Ct. App. 1993) upheld, against claim by state that it should be overturned. ¶22 n. 4. State v. Munoz, 200 Wis. 2d 391, 395, 546 N.W.2d 570 (Ct. App. 1996) ratified… Read More

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State v. Johnny L. Green, 2002 WI 68, affirming unpublished court of appeals opinion For Green: Nicolas G. Griswold Issue/Holding: The court modifies the threshold showing required for an in camerainspection, in favor of “a slightly higher standard,” namely a “‘reasonable likelihood’ that the records will be necessary to a determination of guilt or innocence.”¶32. ¶34. Based on the… Read More

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State v. Joseph F. Rizzo, 2002 WI 20, reversing and remanding 2001 WI App 57, 241 Wis. 2d 241, 624 N.W.2d 854 For Rizzo: Franklyn M. Gimbel Issue: Whether the prosecution opened the door to otherwise privileged “Shiffra” evidence. Holding: ¶51. Before trial, the circuit court found that there was nothing relevant in D.F.’s treatment records that was… Read More

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