2009AP25-CR State v. Rhodes

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Criminal Procedure
Confrontation Clause

It did not violate the defendant’s right to cross-examine witnesses to preclude him from cross-examining a witness about unrelated domestic abuse.

“[T]he right to cross-examination under the confrontation clause is not absolute. See Van Arsdall, 475 U.S. at 679. Whether they are faced with the danger of undue prejudice or the specter of psychological trauma to victims, circuit courts can weigh the probative value of the evidence proffered with the dangers it brings. The United States Supreme Court and our case law provide examples of when the right to confrontation must bow to other considerations. Wisconsin Stat. § 904.03 provides circuit courts guidance on how to balance these competing concerns. At the end of our analysis, the question is not whether we would have drawn the line the same as the circuit court did, but whether the circuit court’s line-drawing was a reasonable exercise of its discretion.” Reversed and Remanded.

2009AP25-CR State v. Rhodes

Prosser, J.

Attorneys: For Appellant: Grau, John J., Waukesha; For Respondent: Kassel, Jeffrey J., Madison; Loebel, Karen A., Milwaukee; Weber, Gregory M., Madison

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