State v. Eichman

I agree that the cause must be remanded to the circuit court for determination of the state's pre-trial motion to admit evidence.1 I do not, however, join the majority opinion's interpretation of sec. 974.05(1)(d)2 as granting the State am appeal of right from pre-trial orders excluding evidence that "might normally determine the successful outcome of the prosecution." Majority op. pp. 555, 563, 564. Section 974.05(l)(d)2 expressly grants an appeal of right only when the circuit court suppresses evidence, not when the circuit court excludes evidence.2 *571I conclude that the State has a…