Follow Us

Facebooktwitterrss
≡ Menu

47. Witnesses

State v. Micah Nathaniel Reno, 2016AP1371-CR, District 1 (not recommended for publication); case activity (including briefs) Reno’s trial lawyer wanted to call A.A. as a witness at trial. But A.A. had a pending case and A.A.’s lawyer told Reno’s lawyer not to talk to her. Thinking he was barred by the ethics rules from talking to… Read More

{ 3 comments }

State v. Keimonte Antoine Wilson, Sr., 2017 WI 63, 6/22/17, reversing a per curiam court of appeals decision; case activity (including briefs) The supreme court holds that the provisions of § 885.03 govern service of a subpoenas in criminal cases, not the provisions of § 805.07. Wilson’s trial lawyer served a subpoena on a witness for a… Read More

{ 0 comments }

On review of a per curiam opinion; case activity (including briefs) Issues: 1. Which statute governs the service of a subpoena in a criminal case: §885.03 which provides that a subpoena may be left at a witness’s abode or §805.07 and §801.11 which require reasonable diligence to personally serve a witness before leaving the subpoena at her… Read More

{ 1 comment }

State v. Micha S. Pruitt, 2016AP251-CR, District 4, 8/18/16 (one-judge decision; ineligible for publication); case activity (including briefs) The statute permitting telephone proceedings in criminal cases, § 967.08, does not permit the presentation of testimony by telephone during a criminal jury trial. The state sought interlocutory review of a circuit court order allowing Pruitt to have one… Read More

{ 1 comment }

OLR v. John Kenyatta Riley, 2016 WI 70, 7/15/16; case activity (including briefs) Leaving us with another splintered decision as the current term comes to its end, a majority of the supreme court votes to publicly reprimand an attorney for “offering” false testimony from his client and then failing to take reasonable measures to correct the testimony. The… Read More

{ 0 comments }

Cross-examination — Bias — Interplay with Fifth Amendment

State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Issue/Holding:A line of inquiry that suggests potential bias is relevant; however, the witness’s “real and appreciable apprehension” of self-incrimination trumps the right of confrontation. In such an instance it may be necessary to prevent the witness from testifying or to… Read More

{ 0 comments }

Cross-examination — Bias — Pending Charges

State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Issue/Holding A witness’s pending criminal charges are relevant to bias, even absent promises of leniency. ¶55. In this instance, the trial court prohibited cross-examination about whether the witness was receiving benefits from the state for his testimony, but only after… Read More

{ 0 comments }

Street Clothes Rather than Jail Garb — No Right to Appear in

State v. Cornelius R. Reed, 2002 WI App 209, PFR filed 7/16/02 For Reed: Stephanie G. Rapkin Issue/Holding: The trial court has discretion to deny a defense request that a witness be allowed to testify in street rather than jail clothes. That discretion was properly exercised here: allowing the witnesses to change in bullpens would have… Read More

{ 0 comments }