2009AP3095-CR State v. Sheriff

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Evidence
Hearsay; statements against interest

Devon A. Sheriff appeals a judgment of conviction for one count of manufacture, distribution or delivery of cocaine and one count of possession with intent to deliver cocaine as party to a crime. See Wis. Stat. §§ 961.41(1)(cm), 961.41(1m)(cm), 939.05 (2007-2008). Sheriff argues that the trial court erroneously exercised its discretion when it excluded statements by defendant Tyrone Stepney because the statements fell under the “statement against interest” hearsay exception, see Wis. Stat. § 908.045(4), and that the resulting error was not harmless. Alternatively, Sheriff argues that the trial court erroneously excluded the statements because they constituted admissible impeachment evidence. We affirm. Not recommended for publication in the official reports.

2009AP3095-CR State v. Sheriff

Dist I, Milwaukee County, Dallet, J., Curley, J.

Attorneys: For Appellant: Jensen, Jeffrey W., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Wellman, Sally L., Madison

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