Insufficient Evidence

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jacob Perry Cayer

Case No.: 2022AP000032-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Insufficient Evidence

Cayer appeals from an order committing him to the custody of the Department of Health Services for life, following a special verdict finding that he was not guilty by reason of mental disease or defect (NGI) on two counts of first-degree intentional homicide, one count of attempted first-degree intentional homicide, and three counts of bail jumping. Cayer claims that: (1) the circuit court erroneously exercised its discretion by denying his motion to present evidence that a third party may have committed the homicides and attempted homicide; (2) the exclusion of third-party-perpetrator evidence deprived Cayer of his constitutional due process right to present a defense; and (3) there was insufficient evidence to support guilty verdicts on the homicides and attempted homicide charges (which would also be fatal to his bail jumping convictions). The appeals court rejects each of these contentions and affirms the order of commitment.

Affirmed.

Decided 06/06/23

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