Court Error – Exclusion of Evidence

By: Derek Hawkins//July 18, 2018//

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WI Supreme Court

Case Name: State of Wisconsin v. Kyle Lee Monahan

Case No.: 2018 WI 80

Focus: Court Error – Exclusion of Evidence

This is a review of an unpublished, authored decision of the court of appeals affirming the Lafayette County Circuit Court’s judgment of conviction against Kyle Lee Monahan. State v. Monahan, No. 2014AP2187-CR, unpublished slip op. (Wis. Ct. App. Apr. 27, 2017). Monahan raises a single issue for our review: was the erroneous exclusion of data from a portable GPS unit harmless?

We hold that the circuit court’s erroneous exclusion of the GPS data was harmless, and therefore affirm the decision of the court of appeals.

Affirmed

Concur:

Dissent: R.G. BRADLEY, J., dissents, joined by ABRAHAMSON, J., and A.W. BRADLEY, J. (opinion filed).

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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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