State v. Scottie L. Baldwin, 2010 WI App 162 (recommended for publication); for Baldwin: Robert E. Haney; (principal briefs not posted on-line) The trial judge’s findings, though made prior to Giles v. California, 128 S.Ct. 2678 (2008), satisfied the test imposed by that case, that forfeiture of the right to confrontation requires intent to prevent the… Read more
F. Unavailable witness
State v. Daniel D. King, 2005WI App 224 For King: Scott D. Obernberger Issue/Holding: The confrontation clause requires that the hearsay declarant be unavailable to testify at trial “and, critically, that the State make a ‘good-faith effort’ to produce the declarant at trial,” ¶6. The trial court erred in determining that the declarant was truly… Read more
