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eBook details

• Title: State Wisconsin v. Donald I. Oberlander
• Author : Supreme Court of Wisconsin
• Release Date : January 25, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

This is a review of a published opinion by the court of appeals, State v. Oberlander, 143 Wis. 2d 825, 422 N.W.2d 881 (Ct.
App. 1988), which reversed and remanded a judgment and order of the circuit court for Washington county, Honorable Richard
T. Becker, Judge. The defendant, Donald Oberlander (Oberlander), was found guilty by a jury of one count of arson and four
counts of conduct regardless of life, contrary to secs. 943.02(1)(a), 1 and 941.30, 2 Stats. 1985-86. The court of appeals
reversed the conviction because it concluded the circuit court erred in not permitting Oberlander to introduce certain evidence
to support Oberlander's contention that another person set the fire. Because we hold the circuit court did not abuse its
discretion by excluding the evidence, we reverse the court of appeals' decision. The two issues presented on this appeal are: (1) whether the court of appeals erred by reviewing as a question of law the
circuit court's determination that the other-acts evidence was irrelevant rather than applying an abuse of discretion standard,
and; (2) if the court of appeals did err, whether the circuit court abused its discretion when it decided that evidence of
other-acts offered by Oberlander was irrelevant and inadmissible. We conclude the court of appeals should have applied an
abuse of discretion standard in reviewing the circuit court's decision, and in applying such a standard we hold that the circuit
court did not abuse its discretion.

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