State v. Shelleen B. Joyner, 2002 WI App 250, PFR filed 10/24/02 For Joyner: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶18. Shelleen Joyner argues that Trudy Joyner’s statement is against her penal interest, however, because Trudy Joyner admitted that she “knowingly helped a robber escape.” We disagree. “[W]hen ruling upon a narrative’s admissibility …… Read more
H. Hearsay, Ch. 908
State ex rel. Willie C. Simpson v. Schwarz, 2002 WI App 7, PFR filed 1/11/02 Issue/Holding: Child-sexual-assault-victim’s hearsay statement in this revocation case satisfies test for admissibility under residual exception, State v. Sorenson, 143 Wis. 2d 226, 421 N.W.2d 77 (1988)… Read more
State v. Luther Williams, III, 2002 WI 58, on certification For Williams: Martha K. Askins, SPD, Madison Appellate Issue: Whether Williams satisfied the unavailability requirement necessary to admit a declarant’s against-interest hearsay statement exculpating the defendant, § 908.045(4). Holding: Unavailability is determined by § 908.04(1)(e), and requires a “good-faith effort” and due diligence” in attempting… Read more
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
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
State v. Kevin S. Meehan, 2001 WI App 119 For Meehan: Pamela Moorshead, Buting & Williams Issue: Whether the alleged victim’s entire testimony at prior proceedings was properly admitted into evidence, under prior consistent statement or rule of completeness rationales. Holding: ¶25. The trial court admitted the entire prior testimony under two theories: (1) the… Read more
State v. Miguel Angel Santana-Lopez, 2000 WI App 122, 237 Wis.2d 332, 613 N.W.2d 918 For Santana-Lopez: Rex Anderegg Issue: Whether a sexual assault defendant’s pretrial offer to take a DNA test is relevant as consciousness of innocence. Holding: “(A)n offer to undergo DNA analysis [is] relevant to the state of mind of the person… Read more
