On Point blog, page 1 of 1
COA rejects hearsay and D.J.W. challenges to ch. 51 commitment
Grant County v. T.L.M., 2025AP500, 8/28/25, District IV (ineligible for publication); case activity
T.L.M. challenges her recommitment, arguing that the circuit court erroneously admitted hearsay evidence over her objection, and that the court failed to make the required factual findings to support the commitment. COA concludes that although the circuit court erroneously admitted some hearsay, the error was harmless, and that the circuit court satisfied the demands of Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277.
Confrontation – Hearsay: Penal-Interest Statement, § 908.045(4) — Statement to Prison Cell-Mate / Non-Custodial Statement to Police
State v. Robert Bintz, 2002 WI App 204, affirmed on habeas review, Robert Bintz v. Bertrand, 403 F.3d 859 (7th Cir 2005)
For Bintz: Elizabeth A. Cavendish-Sosinski
Issue/Holding: Confessions to fellow inmates are sufficiently reliable to allow admissibility without confrontation.
Issue/Holding: The codefendant’s (defendant’s brother) against-penal-interest statement to the police didn’t violate the confrontation clause, where the declarant “was not in custody and there is no indication he was threatened with prosecution or asked leading questions.”
Confrontation – Hearsay: Social Interest Exception, Particularized Guarantees of Trustworthiness
State v. Edward A. Murillo, 2001 WI App 11, 240 Wis. 2d 666, 623 N.W.2d 187, habeas relief granted, Edward A. Murillo v. Frank, 402 F3d 786 (7th Cir. 2005)
For Murillo: Craig Albee
Issue: Whether a statement implicating defendant in a homicide and made by his brother and fellow gang member while in police custody satisfied the against-social-interest hearsay exception,