Follow Us

Facebooktwitterrss
≡ Menu

15. Evidence

State v. Ryan Hugh Mulhern, 2022 WI 42, 6/21/22, reversing a per curiam court of appeals decision, 2019AP1565, case activity (including briefs) When we posted on SCOW’s grant of review of the non-citable court of appeals decision in this case, we imagined the court might accept the state’s invitation to change the scope of the… Read more

{ 0 comments }

State v. Joseph M. Marks, 2022 WI App 20; case activity (including briefs) Given the facts in this case, the court of appeals rejects the defendant’s claim that an audiovisual recording of a child’s statement was inadmissible under § 908.08 because investigators merged a separate audio file of the interview with the video to correct… Read more

{ 0 comments }

State v. Tomas Jaymitchell Hoyle, 2020AP1876-CR, 4/26/22, District 3 (not recommended for publication); case activity (including briefs) Hoyle chose to remain silent at his trial for child sexual assault. During closing arguments, the prosecutor repeatedly argued that the testimony from “Hannah” (the complaining witness) was “uncontroverted” and told the jury it had “heard no evidence”… Read more

{ 0 comments }

State v. Hajji Y. McReynolds, 2022 WI App 25; case activity (including briefs) This decision addresses: 1) the propriety of successive postconviction motions; 2) a claim that trial counsel was ineffective for failing to object to testimony vouching for the credibility of another witness and to improper character evidence; and 3) the novel issue of… Read more

{ 0 comments }

State v. Jeffrey L. Hineman, 202AP226-CR, petition for review of a per curiam opinion granted 4/13/22; case activity (including briefs) Issues (from the State’s petition for review) 1. In cases involving credibility contests between a complaining witness (here, S.S.) and the defendant (Hineman), to what extent can a reviewing court reweigh the witnesses’ credibility in… Read more

{ 1 comment }

State v. Dennis C. Strong, Jr., 2020AP1197-CR, District 3, 3/8/22 (one-judge decision; ineligible for publication); case activity (including briefs) In a decision that provides a nice primer about using specific instances of a witness’s to attack the witness’s character for truthfulness § 906.08(2), the court of appeals holds the circuit court erroneously barred Strong from… Read more

{ 0 comments }

State v. Jennifer A. Jenkins, 2020AP1243-CR, 3/1/22, District 3 (1-judge opinion, ineligible for publication); case activity (including briefs) Jenkins, convicted of OWI 2nd, raised some interesting and unusual challenges to the trial court’s order denying her motion to suppress.  (1) The arresting officer’s testimony was incredible as a matter of law. (2) He unlawfully stopped… Read more

{ 0 comments }

State v. Shane Allan Stroik, 2022 WI App 11; case activity (including briefs) A jury convicted Stroik of the sexual assault of a then-five-year old girl, “Amy,” the daughter of his girlfriend. Postconviction, Stroik brought a slew of claims for a new trial; the circuit court rejected them all. The court of appeals now holds… Read more

{ 0 comments }