In Re Commitment of Harrell

¶ 1. Danny G. Harrell appeals the circuit court's order denying his motion for a new trial under Wis. Stat. ch. 980 (2003-04). He contends the State's psychiatric expert's use of his compelled written statement violated his Fifth Amendment privilege against self-incrimination, 2 that this expert's opin ion and other testimony was therefore erroneously admitted, and that the errors were not harmless.

¶ 2. We agree with Harrell. We conclude that, under Fifth Amendment case law, in addition to Harrell's written statement, the expert's opinion that used this statement must be excluded, as well as…