State v. Nelson Holmes, 2024AP1121, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity The COA affirmed Nelson Holmes’ conviction at trial of operating a vehicle under the influence and with a prohibited alcohol concentration, finding that a witness’s statements to a 911 operator were not testimonial and were admissible as present sense impressions… Read more
A. Generally
Christopher Roalson v. Jon Noble, No. 22-2833, 8/28/24 The Seventh Circuit affirms an order denying habeas relief, applying pre-Smith law on the confrontation clause, as the underlying WI COA decision dates back to 2014. The Court concludes that the rule the COA applied–“one expert cannot act as a mere conduit for the opinion of another”… Read more
State v. Patrick A. Keller, 2021 WI App 22; case activity (including briefs) Keller was convicted of causing mental harm, as a party to a crime, to his stepdaughter, who has autism. During his trial, the circuit court admitted statements made by non-testifying confidential reporters to Child Protective Services access workers. In a published decision… Read more
State v. Thomas A. Nelson, 2021 WI App 2; 12/9/20, District 2; case activity (including briefs). This split court of appeals opinion, which is recommended for publication, has “petition granted” written all over it. Crawford v. Washington, 541 U.S. 36, 68 (2004) held that a trial court violates a defendant’s right to confrontation when it… Read more
In a case that may bear on the potential use of videoconferencing at criminal trials as the COVID-19 pandemic grinds on, the Tennessee Court of Appeals, in State v. Dennis Lee Seale, invalidated a trial court’s order allowing the prosecution’s out-of-state witnesses to testify using teleconferencing technology. The trial court decided the defendant would “receive… Read more
State v. Glenn T. Zamzow, 2017 WI 29, 4/6/17, affirming a published court of appeals decision; case activity (including briefs) “The Sixth Amendment guarantees that a defendant whose guilt or innocence is at stake at trial may employ the ‘greatest legal engine ever invented for the discovery of truth.’ …. But the Sixth Amendment does not… Read more
State v. Glenn T. Zamzow, 2016 WI App 7, petition for review granted, 3/7/16, affirmed, 2017 WI 29; case activity (including briefs) Relying on precedent predating Crawford v. Washington, 541 U.S. 36 (2004), two judges of the court of appeals hold that the Confrontation Clause does not apply to suppression hearings and that the circuit court could rely… Read more
Questions presented: 1. Does an individual’s obligation to report suspected child abuse make that individual an agent of law enforcement for purposes of the Confrontation Clause? 2. Do a child’s out-of-court statements to a teacher in response to the teacher’s concerns about potential child abuse qualify as “testimonial” statements subject to the Confrontation Clause? Lower… Read more
