Court Error – Exclusion of Evidence

Listen to this article

WI Court of Appeals – District IV

Case Name: State of Wisconsin v. James M. Kruger

Case No.: 2018AP1194-CR

Officials: Blanchard, Kloppenburg and Fitzpatrick, JJ.

Focus: Court Error – Exclusion of Evidence

James Kruger was convicted in the Dane County Circuit Court of first-degree recklessly endangering safety with the use of a dangerous weapon and felony bail jumping. Prior to trial, based on the doctrine of issue preclusion, the circuit court barred Kruger from presenting evidence to support Kruger’s plea of not guilty by reason of mental disease or defect (NGI). The circuit court confirmed that ruling in denying Kruger’s post-conviction motion. Kruger argues that the circuit court erred in denying him the opportunity to present evidence to support his NGI plea and in denying him relief pursuant to his post-conviction motion. In this court, the State does not dispute that the circuit court erred. Rather, the State argues that the circuit court’s error was harmless and, as a result, we should reject Kruger’s appeal. We conclude that the circuit court’s error was not harmless, reverse the judgment and order of the circuit court, and remand for further proceedings consistent with this opinion.

Full Text

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.