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09-10876 Bullcoming v. New Mexico
Motor Vehicles OWI; Confrontation Clause The Confrontation Clause does not permit the prosecution to introduce a forensic laboratory report containing a testimonial certification, made in order to prove a fact at a criminal trial, through the in-court testimony of an analyst who did not sign the certification or personally perform or observe the performance of […]
2010AP987-CR State v. Johnson
Criminal Procedure Out-of-court identifications; self-representation; Confrontation Clause Steven Johnson, pro se, appeals a judgment of conviction entered after a jury found him guilty of robbery by threat of force pursuant to Wis. Stat. § 943.32(1)(b) (2007-08). Johnson sets forth numerous grounds for his appeal, all of which are wholly without merit. For the reasons which […]
Dying declaration exception not dead
The exception to the hearsay rule for dying declarations does not violate the Confrontation Clause.
2009AP806-CR State v. Beauchamp
Criminal Procedure Confrontation Clause; dying declarations Admission of dying declarations does not violate the right to confrontation. “As the court of appeals noted, ‘the Sixth Amendment’s guarantee of the confrontation right does not apply “where an exception to the confrontation right was recognized at the time of the founding.”’ Beauchamp concedes that the dying declaration [[...]
Appellate puts trial courts in tough spot
An April 1 opinion from the 7th Circuit creates a conundrum for state courts when criminal defense attorneys fail to follow the rules for submitting evidence the alleged victim in a sexual assault case has made false allegations before.
2009AP3039-CR State v. Colunga
Criminal Procedure Confrontation Clause Tony Colunga appeals a judgment convicting him of one count of first-degree sexual assault of a child. He argues: (1) that the circuit court violated his constitutional right to confront the witnesses against him when it limited his cross-examination of the victim and a social worker who interviewed the victim about […]
BLAWG LOG: Blinka on the Confrontation Clause; O’Hear on post-sentence rehabilitation
Check out these interesting legal blogs. Blinka on the Confrontation Clause. O’Hear on post-sentence rehabilitation.
2009AP2867-CR State v. Smith
Criminal Procedure Confrontation Clause Anthony Smith appeals from the judgment entered on a jury verdict finding him guilty of armed robbery with threat of force as a party to the crime, contrary to Wis. Stat. §§ 943.32(2) (2009-10) and 939.05, and the order denying his motion for postconviction relief. Not recommended for publication in the […]
09-150 Michigan v. Bryant
Criminal Procedure Confrontation clause A shooting victim’s identification and description of the shooter and the location of the shooting were not testimonial statements because they had a primary purpose of enabling police assistance to meet an on-going emergency. Here, the circumstances of the encounter as well as the statements and actions of Covington and the […]
09-1666 Cross v. Hardy
Habeas Corpus Confrontation Clause Where the state failed to subpoena the complainant in a sexual assault trial, instead reading her testimony from the first trial into the record, the defendant’s right to confront the witness was violated. “We do not lightly reach our conclusion that the state court unreasonably applied federal law, but under the […]
Admission of letter was harmless error
The Wisconsin Court of Appeals on Dec. 29 affirmed the conviction of Mark D. Jensen for murdering his wife Julie in 1998, even though it assumed that admission of a letter written by Julie before her death violated the Confrontation Clause.
2009AP898-CR State v. Jensen
Criminal Procedure Confrontation Clause; harmless error Nontestimonial statements are not subject to the Confrontation Clause; and where all relevant inadmissible testimony was duplicative of admissible evidence, the admission of the evidence was harmless error. “Unlike Jensen, we do pay heed to the entirety of the Giles’ decision. In so doing, we recognize that Manuel’s holding [...]
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