00-3257 State v. Vanmanivong

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“Here, the State conceded that Vanmanivong met his minimal initial burden and acknowledged that the next step would be for the trial court to conduct an in camera inspection. The State offered to have the informants present to testify and identify Vanmanivong from a photo lineup, but the trial court declined to do so and elected instead to take affidavits from the confidential informants.

“The two confidential informants provided interrogation-style affidavits to the court. However, the trial court determined that the affidavits were of little help to it. The trial court then, on its own initiative and without contacting either party’s attorney, requested additional information from law enforcement. The State argues that the trial court acted appropriately in considering the unsworn material. We disagree. The trial court’s actions directly contradict the plain provisions of Wis. Stat. § 905.10(3)(b).”

Affirmed in part, reversed in part and cause remanded with directions.

Recommended for publication in the official reports.

Dist II, Sheboygan County, Stengel, J., Snyder, J.

Attorneys:

For Appellant: John J. Grau, Waukesha

For Respondent: Robert J. Wells Jr., Sheboygan; Christian R. Larsen, Madison