Exclusion of Witnesses – Abuse of Discretion

By: Derek Hawkins//January 6, 2016//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Caroline D. Prieto

Case No.: 2015AP279-CR

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.

Practice Area: Exclusion of Witnesses – Abuse of Discretion

In its appeal, the State acknowledges that the district attorney’s office did not have good cause for its failure to list its witnesses. The State nevertheless argues that the court erred as WIS. STAT. § 971.23(7m) does not mandate the exclusion of witnesses, and the naming of its witnesses thirteen days before trial was “within a reasonable time before trial.” Accepting without deciding that exclusion is discretionary rather than mandatory under § 971.23(7m), we conclude the circuit court did not erroneously exercise its discretion in excluding the State’s witnesses given the district attorney’s flagrant disregard of § 971.23 and the court’s orders.

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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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