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5. Shiffra-Green

State v. Andrew M. Obriecht, 2014AP445-CR, District 4, 8/14/14 (1-judge; ineligible for publication); case activity Obriecht didn’t show the victim’s mental health records might contain relevant information necessary to his defense, so the circuit court properly denied his motion to conduct an in camera review of the records. Obriecht, who was charged with two counts of having… 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State v. Johnny L. Green, 2002 WI 68, affirming unpublished court of appeals opinion For Green: Nicolas G. Griswold Issue/Holding: Viability of State v. Shiffra, 175 Wis. 2d 600, 499 N.W.2d 719 (Ct.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State v. Johnny L. Green, 2002 WI 68, affirming unpublished court of appeals opinion For Green: Nicolas G. Griswold Issue/Holding: The court modifies the threshold showing required for an in camerainspection, in favor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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“Shiffra” Material — In Camera Inspection

State v. Juan M. Navarro, 2001 WI App 225 For Navarro: Joseph M. Moore, SPD Trial, Juneau Issue: Whether the trial court is required to conduct an in camera inspection of confidential records of the complaining witness, a correctional officer, relating to his possible abusive treatment of inmates, in a battery-by-prisoner trial where the defendant alleges… Read More

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“Shiffra” Material — In Camera Inspection

State v. Terrance W. Walther, 2001 WI App 23, 240 Wis. 2d 619, 623 N.W.2d 205 For Walther: Raymond M. Dall’Osto, Kathryn A. Keppel Issue: Whether the defendant’s motion for in camera inspection of the child sexual assault complainant’s confidential records should have been granted. Holding: ¶11 Here, Walther established more than the mere possibility that… Read More

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Cross-examination – in camera inspection of mental health records.

State v. Peter Ballos, 230 Wis.2d 495, 602 N.W.2d 117 (Ct. App. 1999). For Ballos: Robert N. Myeroff. Issue: Whether the trial court should have ordered production of the state’s witness’s mental health records, for in camera inspection, upon showing that the witness had been hospitalized for depression and was obsessed with bomb-building, and where… Read More

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