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M. Corroboration rule

State v. Oscar C. Thomas, 2020AP32, petition for review of a published decision granted 1/11/2022; case activity (including briefs) Issues presented (from the petition): Whether the Court of Appeals applied the wrong standard in determining that admission of DNA evidence in violation of [Thomas’s] right of Confrontation was harmless? Whether the Court of Appeals erred… Read more

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COA holds Confrontation violation harmless

State v. Oscar C. Thomas, 2021 WI App 55; Review granted 1/11/22; case activity (including briefs) This is the appeal from Thomas’s second conviction at trial for the false imprisonment, sexual assault and murder of his wife. (The first conviction was ultimately undone by the Seventh Circuit, which held that his counsel had been ineffective… Read more

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State v. David McAlister, Sr., 2018 WI 34, 4/17/18, affirming an unpublished court of appeals order, 2014AP2561; case activity A jury convicted McAlister in 2007 of three counts having to do with an attempted and a completed armed robbery. The state’s case was founded on the testimony of two men (Jefferson and Waters) who had… Read more

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State v. J.F.K., 2016AP941, District 3, 12/28/16 (1-judge opinion, ineligible for publication); case activity Fifteen-year-old J.F.K.  confessed to having sex twice with his 17-year-old ex-girlfriend. At the delinquency hearing, the State (1) played his video confession, (2) offered the testimony of a detective who said that police had referred the girlfriend to be charged for having sex with J.F.K., and… Read more

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State v. Esteban M. Gonzalez, 2010 WI App 104, reversed, 2011 WI 63, see: this post; for Gonzalez: Kristin Anne Hodorowski; BiC; Resp.; Reply Jury Instructions – Exposing Child to Harmful Materials The pattern instruction on exposing a child to harmful material, § 948.11(2)(a), accurately recites the elements, including scienter. ¶11 We agree with the trial… Read more

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State v. Edward Bannister, 2007 WI 86, 302 Wis. 2d 158, 734 N.W.2d 892, reversing 2006 WI App 136 Issue/Holding: Bannister’s confession to giving morphine to someone who died from an overdose of the substance was sufficiently corroborated to support his his conviction: ¶ 22 We first address whether the State satisfied the corroboration rule during the course of… Read more

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