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Abuse of Discretion – Exclusion of Evidence

By: Derek Hawkins//September 9, 2020//

Abuse of Discretion – Exclusion of Evidence

By: Derek Hawkins//September 9, 2020//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Justin D. Blanchard

Case No.: 2019AP708-CR

Officials: Fitzpatrick, P.J., Kloppenburg, and Graham, JJ.

Focus: Abuse of Discretion – Exclusion of Evidence

Justin D. Blanchard appeals the judgment of conviction entered after a jury found him guilty of battery and disorderly conduct as acts of domestic abuse perpetrated against E.U., with whom he lived and had a child. Blanchard argues that the circuit court erroneously exercised its discretion, and denied him his constitutional right to present a defense, when it excluded evidence relating to certain photographs that E.U. took of herself and sent to Blanchard days after the incident that formed the basis of the charges of which Blanchard was convicted. We affirm.

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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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