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K. Rape shield, 972.11(2)

State v. Christopher Walter Hurns, 2011AP857-CR, District 1, 5/8/12 court of appeals decision (not recommended for publication); for Hurns: Rex Anderegg; case activity Hurns wasn’t entitled to adduce, as an exception to the rape shield law, evidence of the complainant’s prior untruthful allegation of sexual assault; § 972.11(2)(b), as informed by 3-part test of State v. DeSantis… Read More

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seventh circuit court of appeals decision, denying habeas relief on review of Wis. COA No. 2008AP1533-CR; prior history: 2001AP713-CR, 1995AP1856-CR Habeas – Exculpatory Evidence – Available to Defendant Jardine argues that the State suppressed exculpatory evidence, namely that post-conviction testing of the gun he admittedly possessed but denied using to club the victim didn’t reveal the presence of… Read More

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State v. Alan Keith Burns, 2011 WI 22, affirming unpublished decision; for Burns: David R. Karpe; case activity The court rejects Burns’s claim for a new trial in the interest of justice premised on three grounds: 1. Burns was unable to cross-examine the complainant on her implication that he took her virginity; 2. evidence of prior sexual assaults of the complainant… Read More

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Gordon Sussman v. Jenkins, 7th Cir No. 09-3940, 4/1/11 7th circuit decision, granting habeas relief in State v. Sussman, 2007AP687-CR; in chambers opinion on stay Habeas – Confrontation – Rape Shield and Prior False Allegation The state court unreasonably restricted Sussman’s cross-examination of his chief accuser, and thus violated his right to confrontation, by precluding… Read More

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State v. Jim H. Ringer, 2010 WI 69, reversing unpublished opinion; for Ringer: Thomas O. Mulligan; BiC; Resp.; Reply ¶3   We conclude that the circuit court erroneously exercised its discretion when it granted Ringer’s motion in limine, allowing him to introduce at trial evidence that the child complainant made prior allegedly untruthful allegations of sexual… Read More

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Effective Assistance – Rape Shield

State v. Michael James Carter, 2010 WI 40 Wisconsin supreme court decision, reversing unpublished summary order; for Carter: John T. Wasielewski; BiC (State); Resp.; Reply Counsel made a reasonable tactical decision not to search for admissibility of sexual conduct evidence as an exception to the rape shield law. Therefore, Carter can’t show deficient performance. Separately… Read More

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decision below: unpublished (2009AP118); for Burns: David R. Karpe Issue: Is the Appellant entitled to a new trial in the interests of justice where (a) the circuit court banned the Appellant from presenting evidence that the victim’s post-assaultive behavior and loss of virginity was due to her having been sexually assaulted by her grandfather rather… Read More

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State v. Tyrone Booker, 2005 WI App 182 For Booker: Jeffrey W. Jensen Issue: Whether the trial court erroneously exercised discretion under the rape-shield law, and denied effective cross-examination, by excluding evidence of semen swabs of the alleged sexual assault victim not linked to Booker, where the allegations against him involved touching not intercourse. Holding: ¶16      …… Read More

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