Court Error – Admission of Evidence

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Shawn W. Forgue

Case No.: 2016AP2414-CR

Officials: Kloppenburg, P.J.

Focus: Court Error – Admission of Evidence

Shawn Forgue appeals the judgment of conviction entered after a jury verdict finding Forgue guilty of misdemeanor battery (domestic abuse) and misdemeanor disorderly conduct (domestic abuse), and the order of restitution. Forgue argues that the circuit court erroneously exercised its discretion by denying his motion to admit evidence concerning one prior incident of the victim’s violent conduct and two other acts by the victim. Forgue also argues that the record is insufficient to support the court’s restitution order. For the reasons discussed below, I reject Forgue’s challenges to the court’s evidentiary decisions and, therefore, affirm the judgment of conviction. Based on the State’s concession as to the insufficiency of the record to support the restitution order, I reverse the order and remand for a new hearing on restitution.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.