Abuse of Discretion – Exclusion of Evidence

By: Derek Hawkins//December 28, 2017//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Taran Q. Raczka

Case No.: 2016AP1057-CR

Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.

Focus: Abuse of Discretion – Exclusion of Evidence

On October 27, 2014, Taran Q. Raczka crashed his car into a tree, killing his passenger. Tests showed restricted controlled substances in his blood, and Raczka was charged with homicide by intoxicated use of a vehicle and second-degree reckless homicide. Consistent with the affirmative defense in WIS. STAT. § 940.09(2)(a) (2015-16), Raczka sought to present evidence that the accident was caused by a seizure and not the presence of controlled substances in his body. The circuit court, however, granted a motion in limine by the State to exclude all evidence relating to this defense. The issue is whether the circuit court erroneously exercised its discretion by excluding the evidence. We conclude it did.

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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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