The duty of the state to disclose exculpatory evidence is not excused by the district attorney's belief that the evidence is incredible, but failure to disclose is not prejudicial error where the evidence would not have affected the conviction. Nelson v. State, 59 Wis. 2d 474, 208 N.W.2d 410.
Due process requires that a juvenile be afforded a copy of a hearing examiner's report recommending revocation of after care supervision and the opportunity to object thereto in writing prior to the decision of the H & S S department secretary. State ex rel. R. R. v. Schmidt, 63 Wis. 2d 82, 216 N.W.2d 18.
Circumstances to be considered in determining whether the delay between the alleged commission of a crime and an arrest denies a defendant due process of law include: (1) The period of the applicable statute of limitations; (2) prejudice to the conduct of the defense; (3) intentional prosecution delay to gain some tactical advantage; and (4) the loss of evidence or witnesses, and the dimming of memories. The mere possibility of prejudice from these factors is not alone sufficient to demonstrate that a fair trial is impossible—actual prejudice must be shown. State v. Rogers, 70 Wis. 2d 160, 233 N.W.2d 480.
A photo identification using one color and 4 black and white photos where 2of the 5, including the the color photo, were of the defendant was not impermissibly suggestive. Mentek v. State, 71 Wis. 2d 799, 238 N.W.2d 752.
The fact that the accused who demanded a jury trial received a substantially greater sentence than an accomplice who pleaded guilty does not constitute punishment for exercising the right to a jury trial or a denial of either due process or equal protection. Drinkwater v. State, 73 Wis. 2d 674, 245 N.W.2d 664.
Persons committed under ch. 975 are entitled to periodic review hearings which afford the same minimal requirements of due process as in parole determinations. Habeas corpus is an appropriate remedy. State ex rel. Terry v. Schubert, 74 Wis. 2d 487, 247 N.W.2d 109.
A sentencing judge does not deny due process by considering pending criminal charges in determining a sentence. Handel v. State, 74 Wis. 2d 699, 247 N.W.2d 711.
Due process requires that a prosecutor voluntarily disclose highly exculpatory evidence which would raise a reasonable doubt where none existed before. Ruiz v. State, 75 Wis. 2d 230, 249 N.W.2d 277.
The trial court did not err in refusing to grant a mistrial where police reports concerning an unrelated pending charge against the defendant and the defendant's mental history were accidentally sent to the jury room. Johnson v. State, 75 Wis. 2d 344, 249 N.W.2d 593.
The defendant received a fair, though not perfect, trial where a prosecution witness attempted to ingratiate himself with the jury prior to trial and another prosecution witness violated a sequestration order. Nyberg v. State, 75 Wis. 2d 400, 249 N.W.2d 524.
The defendant's refusal to name accomplices was properly considered by the sentencing judge. Because the defendant had pleaded guilty to a crime, self-incrimination would not have resulted from the requested cooperation. Holmes v. State, 76 Wis. 2d 259, 251 N.W.2d 56.
A parole revocation hearing is not part of a criminal prosecution and thus the full panoply of rights, including Miranda warnings and the exclusionary rule, are not applicable. State ex rel. Struzik v. DHSS, 77 Wis. 2d 216, 252 N.W.2d 660.
Due process does not require that a person know with certainty which crime, among several, the person is committing, at least until the prosecution exercises its charging discretion. Harris v. State, 78 Wis. 2d 357, 254 N.W.2d 291.
The due process rationale of Doyle v. Ohio, 426 U.S. 610 is limited to prosecutorial use of a defendants' custodial interrogation silence to impeach exculpatory statements made during trial. Rudolph v. State, 78 Wis. 2d 435, 254 N.W.2d 471.
Due process does not require that a John Doe witness be advised of the nature of the proceeding or that the witness is a "target" of the investigation. Ryan v. State, 79 Wis. 2d 83, 255 N.W.2d 910.
The due process requirements where an administrative body imposes regulatory or remedial sanctions upon conduct that is also subject to criminal punishment are discussed. Layton School of Art & Design v. WERC, 82 Wis. 2d 324, 262 N.W.2d 218.
The right to a fair trial does not entitle the defendant to inspect the entire file of the prosecutor. Matter of State ex rel. Lynch v. County Ct. 82 Wis. 2d 454, 262 N.W.2d 773.
Under the "totality of circumstances" test, lineup and in-court identifications were properly admitted, although an earlier photographic identification was unnecessarily suggestive. Simos v. State, 83 Wis. 2d 251, 265 N.W.2d 278 (1978).
A deliberate failure to object to prejudicial evidence at trial constitutes a binding waiver. Murray v. State, 83 Wis. 2d 621, 266 N.W.2d 288 (1978).
The test to determine if the denial of a continuance acted to deny the defendant of either due process or the effective right of counsel is discussed. State v. Wollman, 86 Wis. 2d 459, 273 N.W.2d 225 (1979).
The accused has the right to answer some questions after a Miranda warning and then to reassert privilege and break off all questioning. Odell v. State, 90 Wis. 2d 149, 279 N.W.2d 706 (1979).
Trial courts do not have subject matter jurisdiction to convict defendants under unconstitutionally vague statutes. The right to raise an issue on appeal cannot be waived, regardless of a guilty plea. State ex rel. Skinkis v. Treffert, 90 Wis. 2d 528, 280 N.W.2d 316 (Ct. App. 1979).
A probationer's due process right to prompt revocation proceedings was not triggered where the probationer was detained as the result of an unrelated criminal proceedings. State ex rel. Alvarez v. Lotter, 91 Wis. 2d 329, 283 N.W.2d 408 (Ct. App. 1979).
Before "totality of circumstances" analysis is applied to confrontation identification, it must first be determined whether police deliberately contrived confrontation between witness and defendant. State v. Marshall, 92 Wis. 2d 101, 284 N.W.2d 592 (1979).
Due process requires that evidence reasonably support a finding of guilt beyond a reasonable doubt. State v. Stawicki, 93 Wis. 2d 63, 286 N.W.2d 612 (Ct. App. 1979).
An 8-month delay between the date of the alleged offense and the filing of a complaint did not violate the defendant's due process rights. State v. Davis, 95 Wis. 2d 55, 288 N.W.2d 870 (Ct. App. 1980).
Exculpatory hearsay lacked assurances of trustworthiness and was properly excluded. State v. Brown, 96 Wis. 2d 238, 291 N.W.2d 528 (1980).
The use of an unsworn prior inconsistent statement of a witness as substantive evidence did not deprive the defendant of due process. Vogel v. State, 96 Wis. 2d 372, 291 N.W.2d 838 (1980).
An inmate in administrative confinement has a state-created interest protected by due process in his eventual return to general prison population. State ex rel. Irby v. Israel, 100 Wis. 2d 411, 302 N.W.2d 517 (Ct. App. 1981).
Factors which the court should consider when the defendant requests to be tried after the trial of a codefendant in order to secure testimony of the codefendant are discussed. State v. Anastas, 107 Wis. 2d 270, 320 N.W.2d 15 (Ct. App. 1982).
A revocation of probation denied due process where there was a lack of notice of the total extent and nature of the alleged violations of probation. State ex rel. Thompson v. Riveland, 109 Wis. 2d 580, 326 N.W.2d 768 (1982).
Continued questioning after the accused mentioned the word "attorney" was prejudicial error. Harmless error analysis is discussed. State v. Billings, 110 Wis. 2d 661, 329 N.W.2d 192 (1983).
Due process requires the state to preserve evidence that (1) possesses exculpatory value apparent to the custodian and (2) is of a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means. State v. Oinas, 125 Wis. 2d 487, 373 N.W.2d 463 (Ct. App. 1985).
Where 2 statutes have identical criminal elements but different penalties, the state does not deny equal protection or due process by charging defendants with the more serious crime. State v. Cissel, 127 Wis. 2d 205, 378 N.W.2d 691 (1985).
If the state shows that delay in charging an offense committed by an adult defendant while still a juvenile was not with a manipulative intent, due process does not require dismissal. State v. Montgomery, 148 Wis. 2d 593, 436 N.W.2d 303 (1989).
Lineup and in-court identifications of a defendant may be suppressed as the fruit of an illegal arrest under appropriate circumstances. State v. Walker, 154 Wis. 2d 158, 453 N.W.2d 127 (1990).
A comment during closing argument on the defendant's courtroom demeanor where evidence of the demeanor was adduced during trial did not violate the 5th amendment. State v. Norwood, 161 Wis. 2d 676, 468 N.W.2d 741 (Ct. App. 1991).
Evidence favorable to the defendant must be disclosed if there is a "reasonable probability" that disclosure would have resulted in a different trial outcome. State v. Garrity, 161 Wis. 2d 842, 469 N.W.2d 219 (Ct. App. 1991).
Where prior convictions are used to enhance a minimum penalty, collateral attack of the prior convictions must be allowed. State v. Baker, 165 Wis. 2d 42, 477 N.W.2d 292 (Ct. App. 1991).
The defense of outrageous governmental conduct may arise where the government violates a specific constitutional right and was itself so enmeshed in the criminal activity that prosecution of the defendant would be repugnant to the criminal justice system. State v. Hyndman, 170 Wis. 2d 198, 488 N.W.2d 111 (Ct. App. 1992).
Where the argument of the defense invited and provoked an otherwise improper remark by the prosecutor, the question is whether, taken in context, the "invited remark" unfairly prejudiced the defendant. State v. Wolff, 171 Wis. 2d 161, 491 N.W.2d 498 (Ct. App. 1992).
Due process is not violated when a burden of production is placed on the defendant to come forward with some evidence of a negative defense. State v. Pettit, 171 Wis. 2d 627, 492 N.W.2d 633 (Ct. App. 1992).
To sustain a conviction when alternative methods of proof resting upon different evidentiary facts are presented to the jury, the evidence must be sufficient to convict beyond a reasonable doubt upon both of the alternative modes of proof. State v. Chambers, 173 Wis. 2d 237, 496 N.W.2d 191 (Ct. App. 1992).
Due process rights of a probationer at a hearing to modify probation are discussed. State v. Hayes, 173 Wis. 2d 439, 496 N.W.2d 645 (Ct. App. 1992).
The interval between an arrest and an initial appearance is never unreasonable where the arrested suspect is already in the lawful physical custody of the state. State v. Harris, 174 Wis. 2d 367, 497 N.W.2d 742 (Ct. App. 1993).
The admissibility of an out-of-court identification rests on whether the procedure was impermissibly suggestive and whether under all the circumstances the identification was reliable despite any suggestiveness. That another procedure might have been better does not render the identification inadmissible. State v. Ledger, 175 Wis. 2d 116, 499 N.W.2d 199 (Ct. App. 1993).
A defendant has a fundamental right to testify in his or her own behalf. Waiver of the right must be supported by a record of a knowing and voluntary waiver. State v. Wilson, 179 Wis. 2d 660, 508 N.W.2d 44 (Ct. App. 1993).
The good or bad faith of police in destroying apparently exculpatory evidence is irrelevant, but in the absence of bad faith, destruction of evidence which only provides an avenue of investigation does not violate due process protections. State v. Greenwold, 181 Wis. 2d 881, 512 N.W.2d 237 (Ct. App. 1994).
Bad faith can only be shown if the officers were aware of the potentially exculpatory value of evidence they fail to preserve and the officers acted with animus or made a conscious effort to suppress the evidence. State v. Greenwold, 189 Wis. 2d 59, 525 N.W.2d 294 (Ct. App. 1994).
An executory plea bargain is without constitutional significance and a defendant has no right to require the performance of an executory agreement, but upon entry of a plea due process requires the defendant's expectations to be fulfilled. State v. Wills, 187 Wis. 2d 528, 523 N.W.2d 569 (Ct. App. 1994).
A prosecutor's closing argument is impermissible where it goes beyond reasoning drawn from the evidence and suggests that the verdict should be arrived at by considering other factors. Substantially misstating the law and appearing to speak for the trial court was improper and required court intervention in the absence of an objection. State v. Neuser, 191 Wis. 2d 131, 528 N.W.2d 49 (Ct. App. 1995).
Whether the interplay of legally correct instructions impermissibly misled a jury is to be determined based on whether there is a reasonable likelihood that a juror was misled. State v. Lohmeier, 205 Wis. 2d 183, 556 N.W.2d 90 (1996).
Prosecutorial misconduct violates the due process right to a fair trial if it poisons the the entire atmosphere of the trial. State v. Lettice, 205 Wis. 2d 347, 556 N.W.2d 376 (Ct. App. 1996).
A criminal conviction cannot be affirmed on the basis of a theory not presented to the jury. State v. Wulff, 207 Wis. 2d 144, 557 N.W.2d 813 (1997).
A defendant is denied due process when identification is derived from police procedures so impermissibly suggestive as to give rise to a very substantial likelihood of misidentification. A suppression hearing is not always required when a defendant moves to suppress identification, but must be considered on a case-by-case basis. State v. Garner, 207 Wis. 2d 520, 558 N.W.2d 916 (Ct. App. 1996).
There is no constitutional right to a sworn complaint in a criminal case. State v. Zanelli, 212 Wis. 2d 358, 569 N.W.2d 301 (Ct. App. 1997).
A defendant has a due process right to have the full benefit of a relied upon plea bargain. The unintentional misstatement of a plea agreement, promptly rectified by the efforts of both counsel, did not deny that right. State v. Knox, 213 Wis. 2d 318, 570 N.W.2d 599 (Ct. App. 1997)
The state's use, as a witness, of an informant who purchased and used illegal drugs while making controlled drug buys for the state, in violation of her agreement with the state, was not a violation of fundamental fairness that shocks the universal justice system and did not constitute outrageous governmental conduct. State v. Givens, 217 Wis. 2d 180, 580 N.W.2d 340 (Ct. App. 1998).
Due process does not require that judges personal notes be made available to litigants. It is only the final reasoning process which judges are required to place on the record that is representative of the performance of judicial duties. State v. Panknin, 217 Wis. 2d 200, 579 N.W.2d 52 (Ct. App. 1998).
The state's failure to disclose that it took samples but failed to have them analyzed affected the defendant's right to a fair trial because it prevented the defendant from raising the issue of the reliability of the investigation and from challenging the credibility of a witness who testified that the test had not been performed. State v. DelReal, 225 Wis. 2d 565, 593 N.W.2d 461 (Ct. App.1999).
A new rule of criminal procedure applies to all cases pending on direct review or that are not yet final that raised the issue that was subject to the change. There is no retroactive application to cases in which the issue was not raised. State v. Zivcic, 229 Wis. 2d 119, 598 N.W.2d 565 (Ct. App. 1999).
Neither a presumption of prosecutor vindictiveness or actual vindictiveness was found when, following a mistrial resulting from a hung jury, the prosecutor filed increased charges and then offered to accept a plea bargain requiring a guilty plea to the original charges. Adding additional charges to obtain a guilty plea does no more than present the defendant with the alternative of forgoing trial or facing charges on which the defendant is subject to prosecution. State v. Johnson, 2000 WI 12, 232 Wis. 2d 679, 605 N.W.2d 846.
When an indigent defendant requests that the state furnish a free transcript of a separate trial of a codefendant, the defendant must show that the transcript will be valuable to him or her. State v. Oswald, 2000 WI App 3, 232 Wis. 2d 103, 606 N.W.2d 238.
The entry of a plea from jail by closed circuit tv, while a violation of a statute, does not violate due process absent a showing of coercion, threat, or other unfairness. State v. Peters, 2000 WI App 154, 237 Wis. 2d 741, 615 N.W.2d 655.
A pretrial detainee, including the subject of an arrest, is entitled to receive medical attention. The scope of this due process protection is not specifically defined, but is at least as great as the 8th amendment protection available to a convicted prisoner. Robinson v. City of West Allis, 2000 WI 126, 239 Wis. 2d 595, 619 N.W.2d 692.
While the subtleties of police practice in some cases necessitate an expert witness, there is no per se requirement that there be expert testimony to prove an excessive use of force claim. Robinson v. City of West Allis, 2000 WI 126, 239 Wis. 2d 595, 619 N.W.2d 692.
A defendant is denied due process when identification evidence stems from a pretrial procedure that is so impermissibly suggestive as to give rise to a substantial likelihood of irreparable misidentification. Whether an identification is impermissible is decided on a case-by-case basis. State v. Benton, 2001 WI App 81, 243 Wis. 2d 54, 625 N.W.2d 923.
The clear and convincing evidence and close case rules do not apply in determining a breach of a plea agreement. Historical facts are reviewed with a clearly erroneous standard and whether the state's conduct was a substantial and material breach is a question of law. State v. Williams, 2002 WI 1, 249 Wis. 2d 492, 637 N.W.2d 733.
A prosecutor is not required to enthusiastically advocate for a bargained for sentence and may inform the court about the character of the defendant, even if it is negative. The prosecutor may not personalize information presented in a way that indicates that the prosecutor has second thoughts about the agreement. State v. Williams, 2002 WI 1, 249 Wis. 2d 492, 637 N.W.2d 733.
Due process demands that a conviction not be based on unreliable evidence obtained through coerced witness statements resulting from egregious police practices. There are several factors to consider in determining whether police misconduct is egregious such that it produces statements that are unreliable as a matter of law and must be suppressed. State v. Samuel, 2002 WI 34, 252 Wis. 2d 26, 643 N.W.2d 423.
Although there is no place in a criminal prosecution for gratuitous references to race, the state may properly refer to race when it is relevant to the defendant's motive. A racial remark is improper if it is intentionally injected into volatile proceedings when the prosecutor has targeted the defendant's ethnic origin for emphasis in an attempt to appeal to the jury's prejudices. State v. Chu, 2002 WI App 98, ___ Wis. 2d ___, 643 N.W.2d 878.
Cases addressing the pretrial destruction of evidence and a defendant's due process rights apply to posttrial destruction as well. A defendant's due process rights are violated by the destruction of evidence: 1) if the evidence destroyed was apparently exculpatory and of such a nature that the defendant would be unable to obtain comparable evidence by other reasonable means; or 2) if the evidence was potentially exculpatory and was destroyed in bad faith. State v. Parker, 2002 WI App 159, ___ Wis. 2d ___, 647 N.W.2d 430.
A trial court did not erroneously exercise its discretion in denying the defendant's request that his alibi witnesses be allowed to testify in street clothes rather than jail attire due to the difficulty associated with having the in-custody witnesses brought to the courtroom while keeping them separate, because allowing the clothing changes would create security risks, and because the witnesses had prior convictions that the jury would hear about anyway. State v. Reed, 2002 WI App 209, ___Wis. 2d. ___, 650 N.W.2d 855.
Increasing a sentence following the vacation of the original sentence upon reversal of one of multiple convictions on double jeopardy grounds did not violate due process when the increase was based on factual information deriving from events occurring after the original sentencing. State v. Church, 2002 WI App 212, ___Wis. 2d. ___, 650 N.W.2d 873.
Denial of a change of venue due to local prejudice solely because the offense is a misdemeanor is unconstitutional. Groppi v. Wisconsin, 400 U.S. 505.
The retention of 10% of a partial bail deposit, with no penalty for release on recognizance or where full bail is given, does not violate equal protection requirements. Schilb v. Kuebel, 403 U.S. 357.
A defendant convicted of selling heroin supplied by undercover police was not entrapped. Hampton v. United States, 425 U.S. 484.
Prisons must provide inmates with a law library or legal advisers. Bounds v. Smith, 430 U.S. 817.
Due process was not denied when a prosecutor carried out a threat to reindict the defendant on more serious charge if the defendant did not plead guilty to the original charge. Bordenkircher v. Hayes, 434 U.S. 357 (1978).
The plaintiff was not deprived of liberty without due process of law when arrested and detained pursuant to a lawful warrant, even though the police mistook the identity of the plaintiff. Baker v. McCollan, 443 U.S. 137 (1979).
The sentencing judge properly considered the defendant's refusal to cooperate with police by naming co-conspirators. Roberts v. United States, 445 U.S. 552 (1980).
The federal constitution does not prohibit electronic media coverage of a trial over the defendant's objections. Chandler v. Florida, 449 U.S. 560 (1981).
Due process does not require police to preserve breath samples in order to introduce breath-analysis test results at trial. California v. Trombetta, 467 U.S. 479 (1984).
After retrial and conviction following the defendant's successful appeal, sentencing authority may justify increased sentence by affirmatively identifying relevant conduct or events that occurred subsequent to the original sentencing. Wasman v. U.S., 468 U.S. 559 (1984). See also Texas v. McCullough, 475 U.S. 134 (1986).
Where an indigent defendant's sanity at the time of committing a murder was seriously in question, due process required access to a psychiatrist and the assistance necessary to prepare an effective defense based on the mental condition. Ake v. Oklahoma, 470 U.S. 68 (1985).
A prosecutor's use of a defendant's postarrest, post-Miranda warnings silence as evidence of the defendant's sanity violated the due process clause. Wainwright v. Greenfield, 474 U.S. 284 (1986).
Coercive police activity is a necessary predicate to a finding that a confession was not "voluntary" within the meaning of the due process clause. Colorado v. Connelly, 479 U.S. 157 (1986).
A defendant who denies elements of an offense is entitled to an entrapment instruction as long as there is sufficient evidence from which a jury could find entrapment. Mathews v. United States, 485 U.S. 58 (1988).
Unless the defendant shows bad faith on the part of law enforcement, failure to preserve potentially useful evidence does not violate due process. Arizona v. Youngblood, 488 U.S. 51, 102 L. Ed. 2d 281 (1988).