On Point blog, page 1 of 1
COA affirms OWI conviction at trial, finding that nontestifying witness’s statements to 911 operator were not testimonial and defendant not subjected to custodial interrogation.
State v. Nelson Holmes, 2024AP1121, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity
The COA affirmed Nelson Holmes’ conviction at trial of operating a vehicle under the influence and with a prohibited alcohol concentration, finding that a witness’s statements to a 911 operator were not testimonial and were admissible as present sense impressions, and that Holmes was not subjected to custodial interrogation when he made incriminating statements to police.
Hearsay – 911 Call
State v. Peter Ballos, 230 Wis.2d 495, 602 N.W.2d 117 (Ct. App. 1999)
For Ballos: Robert N. Myeroff
Issue/Holding:
¶12. Wisconsin case law has not yet clarified whether, or on what basis, 911 calls, tapes, or transcripts may be admissible. Although the precise analysis may vary from case to case or even from call to call depending on the specific facts and circumstances, we see several avenues of admissibility for 911 evidence,