Wisconsin Supreme Court

State of Wisconsin, Plaintiff-Respondent v. Marvin L. Beauchamp, Defendant-Appellant-Petitioner

May 3, 2011333 Wis. 2d 1

Summary

The court affirmed the judgment, holding that admitting the victim's dying declarations did not violate the federal or state confrontation guarantees because the exception was deeply rooted in common law at the time of the constitutional founding. It also held that admitting the recanting witnesses' prior inconsistent statements did not violate due process, and that neither plain error nor ineffective assistance warranted relief where the statements were admitted without objection under controlling Wisconsin law. The concurrence would have resolved the emergency-medical-technician statements as nontestimonial and found any error concerning the police officer's testimony harmless, without recognizing a constitutional exception for testimonial dying declarations.

Holding

  • Confrontation challenge to the victim's dying declarations. The admission of the victim's statements under the dying-declaration exception did not violate Beauchamp's federal or Wisconsin constitutional right to confront witnesses. A dying declaration is a historically established exception that remains constitutionally permissible even when the statement is assumed to be testimonial and unconfronted.
  • Due-process and unpreserved-error challenges to the recanting witnesses' prior inconsistent statements. The admission of the witnesses' prior inconsistent statements did not violate due process, constitute plain error, or warrant a remand for an ineffective-assistance hearing. Wisconsin law requires only that the declarant testify and be available for cross-examination, and both witnesses satisfied that requirement. Counsel's failure to urge adoption of a different jurisdiction's multifactor test did not prejudice Beauchamp.

Docket No. 2009AP806-CR

Cited authorities

  • Wis. Stat. §§ 908.045
  • Wis. Stat. § 908.045
  • Wis. Stat. § 908.06
  • Wis. Stat. § 908.01
  • Wis. Stat. § 908.045
  • Wis. Stat. § 908.045
  • Wis. Stat. § 908.01
  • Wis. Stat. § 908.02

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