Abuse of Discretion

By: Derek Hawkins//October 18, 2017//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Charles A. Page

Case No.: 2017AP165-CR

Officials: SHERMAN, J

Focus: Abuse of Discretion

Charles A. Page appeals judgments of conviction for shining of deer, contrary to WIS. STAT. § 29.314(3)(a), and resisting a conservation warden, contrary to WIS. STAT. § 29.951. Page contends that the circuit court erroneously exercised its discretion when it excluded at trial certain testimony by Page on the basis that the testimony was inadmissible other acts evidence and when the court excluded proposed testimony by a defense witness on the basis that counsel did not timely file a motion to admit that testimony. Page also contends that the judge at trial went beyond the role of a neutral magistrate when the judge directly questioned Page and thereby advocated for Page’s conviction. I affirm for the reasons discussed below.

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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.

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