State v. JensenAnnotate this Case
The Supreme Court held that the law on testimonial hearsay has not changed in the last fourteen years to such a degree that, at Defendant's new trial, the circuit court was no longer bound by the Supreme Court's decision on appeal in State v. Jensen (Jensen I), 727 N.W.2d 518 (Wis. 2007).
Before Defendant's criminal trial for killing his wife, Julie, the Supreme Court held that certain hearsay statements made by Julie were testimonial and that the statements were inadmissible under the Confrontation Clause. Defendant was convicted. In subsequent federal habeas corpus litigation, the federal court held that it was not harmless error to admit Julie's testimonial statements and ordered Defendant's conviction vacated. The State then initiated new proceedings against Defendant. Defendant filed a motion to exclude Julie's statements, per Jensen I. The circuit court denied the motion, explaining that, under the law today, Julie's statements were not testimonial. The court of appeals reversed. The Supreme Court affirmed as modified, holding that the circuit court was bound by Jensen I.