State v. Jobert L. Molde, 2025 WI 21, 6/13/25, reversing COA’s authored, unpublished opinion; case activity SCOW considers whether an expert witness violated Haseltine‘s anti-vouching rule when she testified that only around one percent of child sexual assault disclosures are false without offering an opinion on whether the victim in this case was telling the… Read more
15. Evidence
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
State v. Derek J. Jarvi 2023AP2136-CR, 6/12/25, District IV (not recommended for publication); case activity Despite the State’s efforts to overturn Jarvi’s postconviction win of a new trial, the court of appeals rejects the State’s evidentiary arguments and holds that it failed to prove harmless error in this case. Jarvi was convicted of second-degree sexual… Read more
State v. Daniel J. Rejholec, 2023AP2192-CR, 5/28/25, District II (recommended for publication); case activity In a consequential appeal, COA holds that allocution statements are admissible evidence after a plea has been withdrawn. Rejholec was charged with various crimes based, in large part, on his statements during an in-custody interrogation. (¶2). Rejholec moved to suppress and… Read more
State v. Anthony J. LaRose, 2022AP647-CR, District 3, 3/25/25 (not recommended for publication); case activity (including briefs) LaRose appeals an order denying his postconviction motion for resentencing on his conviction for first-degree sexual assault of a child, in which he claimed that the circuit court judge was biased against him based on three sets of… Read more
Andrew v. White, USSC No. 23-6573 (per curiam), 1/21/25, vacating Andrew v. White, 62 F.4th 1299 (10th Cir. 2023); Scotusblog page (with links to briefs and commentary) In a rare defense win (of sorts) on federal habeas in the US Supreme Court, SCOTUS clarifies that its decision in Payne v. Tennessee “clearly established” the rule that when… Read more
State v. Jobert L. Molde, 2021AP1346-CR, petition for review of an unpublished court of appeals decision, granted 11/12/24; case activity In a case that we correctly identified as SCOW bait, SCOW accepts review of the State’s petition for review asking to modify the substantive law on vouching as applied by COA. The case is also… Read more
State v. Morris V. Seaton, 2021AP1399-CR, 11/6/24, District II (recommended for publication); case activity In a case confirming the changes wrought to other acts case law as a result of the codification of the greater latitude rule, COA reverses the circuit court’s order excluding evidence of a prior sexual assault Seaton was charged with third-degree… Read more
