Court Error – Testimony

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WI Supreme Court

Case Name: State of Wisconsin v. Raymond L. Nieves

Case No.: 2017 WI 69

Focus: Court Error – Testimony

We review a decision of the court of appeals vacating the judgment of conviction of Raymond Nieves (Nieves) and remanding for a new trial. Nieves was convicted of first-degree intentional homicide, as a party to the crime and with the use of a dangerous weapon and attempted first-degree intentional homicide, as a party to the crime and with the use of a dangerous weapon.  Nieves’ argument on appeal is two-fold. First, Nieves argues the circuit court erred when it denied his pretrial motion to sever his trial from the trial of his co-defendant, Johnny Maldonado (Maldonado). Nieves contends the circuit court’s failure to sever the trials and the subsequent admission of Maldonado’s inculpatory statements violated his rights under Bruton v. United States, 391 U.S. 123 (1968) and Wis. Stat. § 971.12(3) (2009-10). Second, Nieves contends that the circuit court erred in admitting the statement of “Boogie Man” because it was inadmissible hearsay. We conclude that Crawford v. Washington, 541 U.S. 36 (2004) and its progeny limited the application of the Bruton doctrine to instances in which a co-defendant’s statements are testimonial. Therefore, Bruton is not violated by the admission of a non-testifying co-defendant’s statements that are nontestimonial. In the present case, Maldonado’s statements were nontestimonial, and therefore Nieves’ confrontation rights were not violated. Accordingly, the circuit court did not err in denying Nieves’ motion to sever the trials.

Reversed and remanded

Dissent: A.W. Bradley, Abrahamson

Concurring:

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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.