Court Error – Transactional Witness – Disclosure of Identity

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Robert Billings

Case No.: 2017AP2272-CR

Officials: DUGAN, J.

Focus: Court Error – Transactional Witness – Disclosure of Identity

The State appeals from the trial court’s order that required that the State disclose the identity of a confidential informant (CI) to Robert Billings and the dismissal of the case. The CI in question provided information that the State relied upon in its application for a search warrant for Billings’ residence. While executing the search warrant, the police seized cocaine and Billings was subsequently charged with the possession of the cocaine.

On appeal, the State contends that the trial court erred in ordering the disclosure of the CI’s identity. Specifically, it contends the trial court erred in finding the CI was a transactional witness because the CI was only involved in the issuance of the search warrant and was neither present, nor involved in the execution of the search warrant during which the cocaine was found. It also contends that the trial court erred in dismissing the action. We conclude that the trial court erred in ordering the disclosure of the CI’s identity. Therefore, we reverse and remand with directions to vacate the dismissal and for further proceedings consistent with this opinion.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.