State v. Patino

In State v. Patino (Wis. Ct. App. 1993) 177 Wis. 2d 348, 502 N.W.2d 601, a witness to an aggravated battery made out-of-court statements to an interviewing officer through a translator. Both the translator and witness were unavailable at trial. The trial court nonetheless admitted the interviewing officer's testimony regarding the witness's translated statements. (502 N.W.2d at p. 606.) It found the witness's statement to the translator fell within the excited utterance exception to the hearsay rule. (502 N.W.2d at p. 608.) It further reasoned that, although the hearsay exception for party admissions was inapplicable, the translation did not create a layer of hearsay, regardless of the fact the speaker was a witness rather than the defendant. (502 N.W.2d at pp. 608-610.)