State v. Luther Williams, III, 2002 WI 58, on certification For Williams: Martha K. Askins, SPD, Madison Appellate Issue:/Holding: The exclusion of hearsay evidence proffered by the defense is tested under the “two-part framework” of State v. St. George, 2002 WI 50, ¶51, or “whether the proffered evidence was ‘essential to’ the defense, and whether… Read more
2. Against interest statements
State v. Shelleen B. Joyner, 2002 WI App 250, PFR filed 10/24/02 For Joyner: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether the pretrial statement of defendant’s sister, who failed to appear at trial, was admissible as a statement against penal interest, § 908.045(4). Holding: A hearsay statement must be broken into its constituent parts… Read more
State v. Robert Bintz, 2002 WI App 204, affirmed on habeas review, Robert Bintz v. Bertrand, 403 F.3d 859 (7th Cir 2005) For Bintz: Elizabeth A. Cavendish-Sosinski Issue: Whether the codefendant’s noncustodial statement to the police — which, although not acknowledging responsibility for the murder, did admit to threatening the victim and placing both defendants… Read more
