Appellate Decisions Released June 29, 2006
The Wisconsin Supreme Court released these opinions today:
State v. Anderson. The Court concluded the Circuit Court committed prejudicial error by (a) allowing the jury to see a videotaped interview of the victim during deliberations in the jury room instead of in open court on the record; (b) communicating with the jury, during deliberations and otherwise, outside the presence of the defendant and without notice to the defendant; (c) failing to make a record of its communications with the jury; and (d) refusing to have the in-court testimony of the defendant and victim read to the jury during deliberation.
State v. Booker. In a prosecution for exposure of a child to harmful material, the Supreme Court ruled that testimony depicting the harmful material is sufficient to uphold the guilty verdict without presenting the harmful material to the jury.
State v. Mark (Fifth Amendment exclusion of defendant's statements from use in a commitment hearing).
The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:
Bauer v. USAA Casualty Ins. Co. (underinsured motorist clause and the requirement that the decedent "reside primarily with" the policy holder).
State v. Combs (use of expert evidence in a petition from discharge from commitment as a sexually violent person).
State v. Anderson. The Court concluded the Circuit Court committed prejudicial error by (a) allowing the jury to see a videotaped interview of the victim during deliberations in the jury room instead of in open court on the record; (b) communicating with the jury, during deliberations and otherwise, outside the presence of the defendant and without notice to the defendant; (c) failing to make a record of its communications with the jury; and (d) refusing to have the in-court testimony of the defendant and victim read to the jury during deliberation.
State v. Booker. In a prosecution for exposure of a child to harmful material, the Supreme Court ruled that testimony depicting the harmful material is sufficient to uphold the guilty verdict without presenting the harmful material to the jury.
State v. Mark (Fifth Amendment exclusion of defendant's statements from use in a commitment hearing).
The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:
Bauer v. USAA Casualty Ins. Co. (underinsured motorist clause and the requirement that the decedent "reside primarily with" the policy holder).
State v. Combs (use of expert evidence in a petition from discharge from commitment as a sexually violent person).
posted by Daniel Kelly at 9:07 AM
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