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4. Based on hearsay

Marquette County v. T.W., 2020AP1908, 9/16/21, District 4 (one-judge decision; ineligible for publication); case activity T.W. was living in a group home in 2019 when, per testimony at his commitment trial, he punched, choked and threatened various people while refusing to take his medications. He was committed. On appeal he challenges the circuit court’s admission… 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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Walworth County DHS v. M.M.L., 2014AP2845, 7/15/15, District 2 (one-judge opinion, ineligible for publication); case activity (including briefs) The court of appeals affirms the involuntary commitment for M.M.L. under § 51.20(1)(a)2.c., which requires evidence of impaired judgment based on recent acts or omissions showing a substantial probability that she would physically impair or injure herself or… Read more

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State v. Bernard Ikechukwel Onyeukwu, 2014AP518-CR, 2/26/15, District 4 (not recommended for publication); click here for briefs. The State charged the defendant with 10 counts of sexual assault, 5 of which required proof that the victim suffered from a mental deficiency and that the defendant knew it. The jury acquitted on 6 counts. Just 2 of the convictions… Read more

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Pre-“Daubert” Expert-Opinion Caselaw

Caselaw prior to amendments to §§ 907.01-.03 may be found: here. These sections were amended by 2011 Wis Act 2 (eff. date 2/1/11), as follows: 907.01 Opinion testimony by lay witnesses. (intro.) If the witness is not testifying as an expert, the witness’s testimony in the form of opinions or inferences is limited to those opinions or… Read more

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