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Court Error – Suppression of Evidence

By: Derek Hawkins//January 3, 2018//

Court Error – Suppression of Evidence

By: Derek Hawkins//January 3, 2018//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Brandon L. Scherz

Case No.: 2017AP730-CR

Officials: Lundsten, P.J., Sherman and Blanchard, JJ.

Focus: Court Error – Suppression of Evidence

Brandon Scherz was charged with second-degree sexual assault, possession of marijuana, and possession of drug paraphernalia. Following an evidentiary hearing, the circuit court suppressed statements that Scherz made to police before and after his arrest. The State appeals the suppression ruling pre-trial pursuant to WIS. STAT. § 974.05(1)(d)3. We agree with the State that the circuit court erred. In particular, we reject the proposition that fact finding by the circuit court supports its suppression ruling. We also decline to affirm on the alternative ground that the circuit court could have excluded the evidence under WIS. STAT. § 904.03. Accordingly, we reverse and remand for further proceedings.

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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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