State v. D.L., 2016AP735 & 2016AP736, District 1, 8/18/16 (one-judge decision; ineligible for publication); case activity The trial court didn’t err in admitting multiple hearsay statements made by D.L.’s children about her treatment of them or in admitting expert testimony about whether D.L. had a “strong bond” or “positive and healthy relationships” with her children… Read more
H. Hearsay, Ch. 908
State v. Raymond L. Nieves, 2014AP1623-CR, 4/5/16, District 1 (recommended for publication, but not published); petition for review granted 9/13/16; case activity (including briefs). This case explores the line between Bruton v. U.S., 391 U.S. 123 (1968)(which holds that at a joint trial the confession of one defendant is inadmissible against the co-defendant unless the confessing… Read more
State v. Beverly Reshall Holt, 2013AP2738-CR, 3/8/16, District 1 (not recommended for publication); case activity (including briefs) The trial court did not err in admitting the audiovisual recording of the forensic interview of Caleb, one of the child victims, at Holt’s trial for child sexual assault. Holt was charged with two counts of first-degree child sexual assault for having intercourse… Read more
State v. Anthony R. Owens, 2016 WI App 32; case activity (including briefs) The circuit court properly admitted the victim’s statements about who shot him under the dying declaration exception to the hearsay rule, and the admission of the victim’s statements didn’t violate the Confrontation Clause. Owens was charged with shooting and killing Pinkard, who was… Read more
State v. Rafael D. Honig, 2016 WI App 10; case activity (including briefs) Honig, convicted at trial of two first-degree child sexual assaults, asserts that his trial counsel mishandled three issues bearing on the credibility of his accusers; the court of appeals agrees. Honig was accused of having intercourse and sexual contact with his two granddaughters, aged three… Read more
State v. Shironski A. Hunter, 2014AP2521-CR, District 1, 9/15/15 (not recommended for publication); case activity (including briefs) The trial court didn’t err in admitting statements witnesses made during a 911 call and to police at the scene of the crime because the statements were excited utterances. Moreover, the statements weren’t testimonial for Confrontation Clause purposes, so… Read more
Wayne Kubsch v. Ron Neal, 7th Circuit Court of Appeals No. 14-1898, 8/12/15 After being convicted of murdering his wife, her son, and her ex-husband, Kubsch was sentenced to death. He challenged his conviction and sentence in a federal habeas proceeding on three grounds: (1) the Indiana trial court excluded evidence of a witness’s exculpatory hearsay… Read more
Renardo Carter v. Timothy Douma, 7th Circuit Court of Appeals No. 13-3312, 8/6/15 Carter’s trial counsel failed to object to a police officer’s testimony about the hearsay statements of a confidential informant who said Carter was involved in drug dealing. While the Wisconsin Court of Appeals reasonably concluded that the failure to object didn’t prejudice Carter, the Seventh… Read more
