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Hearsay – Against-Interest Statement Exculpating Defendant, § 908.045(4) — Right to Present

State v. Luther Williams, III, 2002 WI 58, on certification
For Williams: Martha K. Askins, SPD, Madison Appellate

Issue:/Holding: The exclusion of hearsay evidence proffered by the defense is tested under the “two-part framework” of State v. St. George, 2002 WI 50, ¶51, or “whether the proffered evidence was ‘essential to’ the defense, and whether without the proffered evidence, the defendant had ‘no reasonable means of defending his case.'” ¶70. In this instance, the jury heard other pieces of evidence supporting the theory embodied by the excluded evidence, hence the right to present a defense wasn’t violated by that exclusion. ¶¶71-73.

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