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Evidence Code Construction, Generally – Judicial Council Committee’s View

State v. Daniel H. Kutz, 2003 WI App 205, PFR filed 10/27/03
For Kutz: T. Christopher Kelly

Issue/Holding: While not bound by the Judicial Council Committee Note, the court of appeals nonetheless “view(s) it as significant authority in construing the rule.” ¶40. (See also id., n. 16: “In promulgating the rules of evidence, the Wisconsin Supreme Court stated that it was not adopting either the commentary of the Federal Advisory Committee or the Wisconsin Judicial Council Committee, but was printing them along with the rules for informational purposes. 59 Wis. 2d at R2 (1973). “)

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