State v. Brown

LOUIS B. BUTLER, JR., J.

{concurring).

¶ 95. I join the mandate and all but ¶ 59 of the majority opinion in this matter. While I agree with the majority that Dr. Kotkin's report does not affect our ultimate decision, I write separately because I would reach the larger issue of the applicability of chapters 901 to 911, otherwise known as the rules of evidence,1 at a hearing under Wis. Stat. § 980.08(4).

*136¶ 96. As Justice Roggensack points out in her dissent, we agree that as a general rule, hearsay evidence is not admitted over an objection unless there is an exception that permits its admission.…