By: WISCONSIN LAW JOURNAL STAFF//April 24, 2023//
WI Court of Appeals – District I
Case Name: State of Wisconsin v. Brian D. Triplett
Case No.: 2021AP001497-CR
Officials: Brash, C.J., Donald, P.J., and White, J.
Focus: Confrontation Clause of the Sixth Amendment
Brian D. Triplett appeals a judgment convicting him of armed robbery, as a party to a crime, first-degree recklessly endangering safety using a dangerous weapon, as a party to a crime, and felon in possession of a firearm, all as a repeater. On appeal, Triplett contends that the circuit court erroneously admitted the videotaped deposition testimony of two witnesses in lieu of live testimony. Triplett also contends that the evidence was insufficient to support the verdicts. The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right … to be confronted with the witnesses against him[.]” According to Triplett, “minimal efforts” were made by the State to secure their presence.
The appeals court disagrees. Under the hearsay exceptions, a declarant is unavailable as a witness if the declarant “[i]s absent from the hearing and the proponent of the declarant’s statement has been unable to procure the declarant’s attendance by process or other reasonable means.” See WIS. STAT. § 908.04(1)(e)
Affirmed.
Decided 04/18/23