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2. Sleeping juror

State v. Miguel Muniz-Munoz, 2014AP702-CR, 3/1/16, District 1 (not recommended for publication); case activity (including briefs) By the time Muniz-Munoz went to trial for first degree intentional homicide, the medical examiner who conducted the autopsy of the victim was dead. The trial court allowed another medical examiner who reviewed the case record to give his independent… Read More

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State v. Brent T. Novy, 2013 WI 23, affirming 2012 WI App 10; case activity Evidence excluded from state’s case-in-chief because of discovery violation is admissible as rebuttal evidence The trial court excluded the state from presenting fingerprint evidence in its case-in-chief because the state failed to properly disclose the evidence under Wis. Stat. §… Read More

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on review of published decision; for Novy: Bridget E. Boyle; case activity Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation / Sleeping Juror  Issues (Composed by On Point) caution: issue-identification necessarily speculative; check case activity link after briefs filed for verification of issues:  1. a) Whether evidence ruled inadmissible during the State’s case-in-chief as a sanction for violating… Read More

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State v. Brent T. Novy, 2012 WI App 10 (recommended for publication), petition for review granted, 6/13/12; for Novy: Joseph George Easton; case activity Rebuttal – Evidence Excluded from Case-in-Chief for Discovery Violation  Expert witness testimony, excluded from the State’s case-in-chief as a sanction failure to identify the witness during discovery, was admissible on rebuttal to attack… Read More

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State v. Forrest Andre Saunders, 2011 WI App 156 (recommended for publication); for Saunders: Robert A. Kagen; case activity Notice of Alibi, § 971.23(8) – DA Comment on Missing Witness  “Alibi” merely refers to the fact that the defendant was elsewhere when the alleged occurred, ¶21, citing, State v. Brown, 2003 WI App 34, ¶13, 260… Read More

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