State v. Luther Williams, III, 2002 WI 58, reconsideration denied 2002 WI 118; on certification
For Williams: Martha K. Askins, SPD, Madison Appellate
Issue: Whether a crime lab report is admissible under the business records exception, § 908.03(6).
¶48. There can be little question that when state crime labs generate reports like those at issue here, they are acting as an arm of the State in assisting it to prevail in litigation and secure a conviction of the defendant. The state crime lab exists in large part to facilitate the investigation and prosecution of crimes.
¶49. Thus, considering the statutory scheme and the rule that records prepared in anticipation of litigation generally do not fall within the business records exception to the hearsay rule, we determine that the state crime lab report prepared for Williams’ prosecution was erroneously admitted as a business record under § 908.03(6).