“Extraneous and Superfluous” Testimony

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Deandre J. Bell

Case No.: 2021AP002228-CR

Officials: Brash, C.J., Donald, P.J., and Dugan, J

Focus: “Extraneous and Superfluous” Testimony

Bell, charged by the State with two counts of first-degree reckless homicide in the shooting deaths of his sister and her girlfriend, appeals a nonfinal pretrial order of the circuit court precluding him from offering at trial certain expert-type testimony. Specifically, Bell argues that the circuit court erroneously determined that the proffered testimony should be excluded as “extraneous and superfluous” to the jury’s consideration of and deliberation on self-defense, use of force, and state of mind issues, among others.

The appeals court disagrees with Bell on this evidentiary matter and rules that the circuit court properly excluded the proposed testimony, and remands this case to the circuit court for further proceedings consistent with this opinion.

Affirmed and Remanded.

Decided 07/11/23

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