The confrontation clause does not bar the admission of a nontestifying codefendant’s confession when: 1) the confession has been modified to avoid directly identifying the nonconfessing codefendant; and 2) the court offers a limiting instruction that jurors may consider the confession only with respect to the confessing codefendant. Samia v. United States, 599 U.S. ___, 143 S. Ct. 2004, 216 L. Ed. 2d 597 (2023).

The 6th amendment confrontation clause is not satisfied merely because the evidence offered by a defendant might be properly excluded under s. 904.03. The confrontation clause limits a trial court’s ordinary discretion to limit cross-examination and demands careful scrutiny of the purported reason for limiting cross-examination. A trial court violates the confrontation clause when the court applies ordinary s. 904.03 balancing to limit cross-examination by a defendant on issues central to the defense without giving any special consideration to the defendant’s constitutional right to confront witnesses against him. Rhodes v. Dittmann, 903 F.3d 646 (2018).

A finding of unavailability of a witness due to mental illness, made on the basis of a confused and stale record, deprived the defendant of the right to confront witnesses, but the error was harmless. Burns v. Clusen, 599 F. Supp. 1438 (1984).

The use of a child victim’s statements to a psychologist under s. 908.03 (4) violated the accused sexual assaulter’s confrontation rights. Nelson v. Ferrey, 688 F. Supp. 1304 (1988).

The trial court’s wholesale exclusion of the defendant’s proffered expert and lay testimony regarding post-traumatic stress disorder from the guilt phase of a murder trial, without valid state justification, violated the defendant’s right to present a defense and to testify in the defendant’s own behalf. Morgan v. Krenke, 72 F. Supp. 2d 980 (1999).

A Bad Case of Indigestion: Internalizing Changes in the Right to Confrontation After Crawford v. Washington Both Nationally and in Wisconsin. Kinnally. 89 MLR 625 (2006).

State v. Thomas: Face to Face with Coy and Craig—Constitutional Invocation of Wisconsin’s Child-Witness Protection Statute. Vaillancourt. 1990 WLR 1613.

Hearsay and the Confrontation Clause. Biskupic. Wis. Law. May 2004.

A defendant is entitled to the presence of counsel at a post-warrant lineup, but the attorney need not participate or object and need not be the ultimate trial counsel. Wright v. State, 46 Wis. 2d 75, 175 N.W.2d 646 (1970).

A city attorney should not be appointed defense counsel in a state case in which city police are involved unless the defendant, being fully informed, requests the appointment. Karlin v. State, 47 Wis. 2d 452, 177 N.W.2d 318 (1970).

A conference in chambers between defendant’s counsel and the prosecutor in regard to a plea agreement, but without the defendant’s presence, was not violative of the defendant’s constitutional rights and not a manifest injustice since the defendant had the benefit of counsel both during the entry of the defendant’s plea and at the sentencing and the defendant on the record expressly acquiesced in the plea agreement. Kruse v. State, 47 Wis. 2d 460, 177 N.W.2d 322 (1970).

A disciplinary action against an attorney is a civil proceeding. An indigent attorney is not entitled to the appointment of an attorney. State v. Hildebrand, 48 Wis. 2d 73, 179 N.W.2d 892 (1970).

An indigent defendant is not entitled to a substitution of appointed counsel when the defendant is dissatisfied with the one appointed. Peters v. State, 50 Wis. 2d 682, 184 N.W.2d 826 (1971).

American Bar Association standards relating to the duty of defense counsel, while approved by the court, do not automatically prove incompetency or ineffectiveness if violated. State v. Harper, 57 Wis. 2d 543, 205 N.W.2d 1 (1973).

An arrestee has no right to demand that counsel be present while a breathalyzer test is administered. State v. Driver, 59 Wis. 2d 35, 207 N.W.2d 850 (1973).

A defendant has no right to counsel or to be present when photographs are shown to a witness. The right to counsel exists only at or after the initiation of criminal proceedings. Holmes v. State, 59 Wis. 2d 488, 208 N.W.2d 815 (1973).

While it is not desirable, it is not error to appoint a city attorney from another city, not connected with the testifying police, as defense attorney. Hebel v. State, 60 Wis. 2d 325, 210 N.W.2d 695 (1973).

A person is not entitled to counsel at a lineup prior to the filing of a formal charge, but prosecution may not be delayed while a suspect is in custody merely for the purpose of holding a lineup without counsel. State v. Taylor, 60 Wis. 2d 506, 210 N.W.2d 873 (1973). But see Garcia v. Hepp, 65 F.4th 945 (2023).

A conviction was not overturned because of the absence of counsel at an informal confrontation where the defendant was identified by the victim. Jones v. State, 63 Wis. 2d 97, 216 N.W.2d 224 (1974).

When a conflict arises in dual representation, a defendant must be granted a vacation of sentence and new hearing because a conflict at sentencing per se renders counsel’s representation ineffective and actual prejudice need not be shown. Hall v. State, 63 Wis. 2d 304, 217 N.W.2d 352 (1974).

Defense counsel’s failure to cross-examine the state’s principal witness at trial did not constitute ineffective representation when cross-examination had proved fruitless at the preliminary. Krebs v. State, 64 Wis. 2d 407, 219 N.W.2d 355 (1974).

The duty to appoint counsel is upon the judicial system as part of the superintending power of the judicial system. When the appointment of counsel for indigent convicted persons for parole and probation revocation proceedings will be recurrent and statewide, the power of appointment will be exercised by the supreme court. State ex rel. Fitas v. Milwaukee County, 65 Wis. 2d 130, 221 N.W.2d 902 (1974).

The trial judge must unconditionally and unequivocably demonstrate in the record that the defendant intelligently, voluntarily, and understandingly waived the constitutional right to counsel, whether or not the defendant is indigent. Keller v. State, 75 Wis. 2d 502, 249 N.W.2d 773 (1977).

When a state agency seeks to enforce its orders through the coercion of imprisonment for contempt, the full constitutional right to counsel arises. Ferris v. State ex rel. Maass, 75 Wis. 2d 542, 249 N.W.2d 789 (1977).

One charged with a crime carrying a penalty of incarceration has the full constitutional right to counsel, regardless of whether incarceration is ordered. State ex rel. Winnie v. Harris, 75 Wis. 2d 547, 249 N.W.2d 791 (1977).

The mere fact that one attorney represents two defendants charged in the same crime is not sufficient evidence of inadequate representation. The defendant has the burden of showing by clear and convincing evidence that an actual and operative conflict existed. Harrison v. State, 78 Wis. 2d 189, 254 N.W.2d 220 (1977).

A defendant has no right to be actively represented in the courtroom both by self and by counsel. Moore v. State, 83 Wis. 2d 285, 265 N.W.2d 540 (1978).