Admissibility of Evidence

By: Derek Hawkins//June 24, 2019//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Fredrick Ramsey

Case No.: 2017AP1318-CR

Officials: Kessler, P.J., Brash and Dugan, JJ.

Focus: Admissibility of Evidence

Fredrick Ramsey, who is charged with one count of second-degree reckless homicide, appeals a non-final order denying his motion to admit third-party perpetrator DNA evidence. Ramsey contends that the trial court erred in denying the motion. He also contends that the test for the admission of third-party perpetrator evidence infringes on a defendant’s constitutional right to present a defense. We conclude that the proffered DNA evidence should be admitted at trial and that Ramsey may subpoena the alleged third-party perpetrator to testify at trial. We reject Ramsey’s constitutional challenge to the test for admissibility of third-party perpetrator evidence. Therefore, we reverse and remand.

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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.

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