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
6. Confrontation, 6th Am.
State v. Frank P. Smogoleski, 2019AP1780-CR, District 2, 11/18/20 (not recommended for publication); case activity (including briefs) The state wins its appeal of two circuit court orders, one excluding the use of preliminary hearing testimony of a witness who is now dead, the other excluding other-acts evidence. Smogoleski is charged with sexual assault of “Emily,”… Read more
Waukesha County v. I.R.T., 2020AP996, 11/4/20, District 2 (one-judge decision; ineligible for publication) case activity The county sought to extend I.R.T.’s commitment but could not be located for a time. Eventually the court issued a capias and I.R.T. was arrested. At the extension hearing, there was testimony that after his parole in a criminal matter… 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. Mark D. Jensen, 2018AP1952, petition for review of a summary court of appeals order granted 6/16/20; affirmed 3/18/21; case activity Usually we do to the issues presented first. Here, they’re pretty insubstantial, so let’s just say what’s going on: the supreme court has intervened to (potentially) save a manifestly unconstitutional (and you don’t… Read more
State v. Christopher Drew Helwig, 2019AP448-CR, 6/4/20, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs) The circuit court admitted a blood/urine analysis form and lab report containing blood test results into evidence during Helwig’s OWI trial. On appeal Helwig argued that these documents were hearsay. And because the nurse who drew the… Read more
State v. Richard A. Boie, 2019AP520, 3/5/20, District 4 (not recommended for publication); case activity (including briefs) Boie appeals his jury-trial conviction for repeated sexual assault of the same child and the denial of his postconviction motion. He raises issues arising from the videotaped interview of his accuser, admitted under Wis. Stat. § 908.08. On the… Read more
State v. Jeffrey D. Lee, 2018AP1507-CR, 11/5/19, District 1 (not recommended for publication); case activity (including briefs) At a jury trial for child sexual assault, the circuit court admitted “other acts” evidence that Lee had similarly assaulted 5 other children. The court of appeals called the “other acts” evidence of the 3rd, 4th and 5th… Read more
