In Judge William Brash’s first published appellate opinion, he tackles the hearsay exception for dying declarations.

The Wisconsin Supreme Court upheld a law Wednesday allowing hearsay at preliminary hearings, a move defense attorneys said further weakens a defendant’s constitutional rights.

11-3097 U.S. v. Foster

2011AP830-CR State v. Buchanan

2011AP2399-CR State v. Carothers

2011AP2601 Riese v. Bertch Cabinet Mfg. Inc., et al.

2011AP965-CR State v. Ace

2011AP414 Horak v. Building Services Industrial Sales Co.

2011AP1059 State of Wisconsin ex rel. Wanninger v. City of Manitowoc Public Library Board

When a hearsay statement is erroneously admitted in a criminal trial, what evidence should appellate courts consider – and under what standard – to determine if that error was harmless?

The state Senate has approved a bill that would keep crime victims off the witness stand during the early stages of their cases.

Three state Senate proposals that could affect the legal community are still standing as the Legislature nears the end of its regular session March 15.

Wisconsin crime victims wouldn't have to testify against their attackers during the early stages of their cases under a Republican bill making its way through the Legislature.

A legislative proposal expanding use of hearsay in preliminary hearings could lead to questionable testimony and potentially render felony pre-trial examinations worthless.

2010AP2154 State v. Prineas

The justices of the U.S. Supreme Court have already looked at the issue of DNA evidence in criminal cases, with several rulings restricting prosecutors’ ability to admit such data without calling the lab analysts who prepared the tests to testify.

2011AP222 Lyon Financial Services Inc. v. Dr. Manelle Fernando Medical Clinic Inc., et al.

2010AP2154 State v. Prineas

Criminal Procedure Hearsay; ineffective assistance

Evidence Hearsay Jimmie Lee Higgins appeals from a judgment of conviction entered after a jury found him guilty of second-degree sexual assault of a child. He argues that the trial court erred when it: (1) sustained the State’s hearsay objection to the admission of the victim’s statement to police that she was awakened the night of the assault by fighting ...

Evidence Other acts; hearsay; right to present defense Kevin Moore appeals his conviction for intentionally murdering his wife. He makes four separate arguments as to why his conviction should be overturned: 1) there was insufficient evidence to convict him, 2) the trial court erred in admitting evidence of his spending habits at a gentlemen’s club, 3) the trial court erred ...