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Bill Tyroler’s Case Summaries

Expert — Recantation and Interview Techniques

State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision For St. George: Donald T. Lang, SPD, Madison Appellate Issue: “Was the circuit court’s exclusion of the testimony of the defendant’s expert witness an erroneous exercise of discretion, or alternatively, a deprivation of the defendant’s constitutional right to present evidence… Read more

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Involuntary Statement — Procedure for Challenging

State v. Stanley A. Samuel, 2002 WI 34, reversing 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565 For Samuel: Robert A. Henak Issue/Holding: “¶35. Under Velez, first the defendant must bring a motion to suppress, alleging facts sufficient to show that a statement was involuntary under Clappes and that the police misconduct… Read more

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Involuntary Statement — Test

State v. Stanley A. Samuel, 2002 WI 34, reversing 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565 For Samuel: Robert A. Henak Issue/Holding: “¶30. With due process as our touchstone, we conclude that when a defendant seeks to suppress witness statements as the product of coercion, the police misconduct must be more… Read more

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Expert — Qualifications

State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether the trial court erred in refusing to qualify a social worker as an expert in this Ch. 980 supervised release proceeding. Holding: Because the witness had “expertise with respect to treating sex offenders …… Read more

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False Testimony

State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether an expert witness’s testimony should have been struck retrospectively when it became known, after the proceeding had concluded, that he had lied about his credentials and background, and had committed misconduct, causing him to be… Read more

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Defendant’s Presence — Jury Selection

State v. Garren G. Gribble, 2001 WI App 227 For Gribble: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether the trial court erred in questioning prospective jurors outside the presence of defendant and counsel, on “hardship and infirmity requests” not to serve. Holding: Questioning jurors about undue hardships “does not implicate the purposes of voir… Read more

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Self-Incrimination — Defendant’s Right to Refuse to Testify at NGI Phase

State v. James G. Langenbach, 2001 WI App 222 For Langenbach: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether the state may call a defendant to testify, as an adverse witness, at Phase II of an NGI trial, following Phase I guilty plea. Holding: A guilty plea doesn’t necessarily result in loss of fifth amendment… Read more

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Sequestration — Expert

State v. Aaron Evans, 2000 WI App 178, 238 Wis.2d 411, 617 N.W.2d 220 For Evans: Steven D. Phillips, SPD, Madison Appellate Issue: Whether the trial court erroneously exercised discretion in preventing a DNA expert from sitting at counsel table. Holding: “|10 We are satisfied that, on this record, the circuit court did not erroneously… Read more

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