Tim Torres Enterprises, Inc. v. Linscott
In Tim Torres Enterprises, Inc. v. Linscott, 142 Wis. 2d 56, 416 N.W.2d 670 (Ct. App. 1987), the Court again considered the admissibility of a conversation that took place between Torres and a third party.
Torres testified that a third party told him that the defendant, Linscott, "was very unhappy" with Torres's actions and that Torres "could expect something to happen."
Linscott argued that it was error to admit the statement as a recent perception because the statement primarily concerned Linscott's state of mind.
The Court agreed and stated that "the statement did nothing more than reflect Linscott's reaction to the contractual dispute he was having with Torres ...." Id. at 77, 416 N.W.2d at 678.
To be admissible as hearsay, however, Torres was required to demonstrate that the statement related to a recently perceived event or condition. We concluded that the statement was inadmissible because the statement did not relate a recently perceived event. See id. at 78, 416 N.W.2d at 678-79.