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STATE v. WILD

No. 87-1992-CR.

146 Wis.2d 18 (1988)

429 N.W.2d 105

STATE of Wisconsin, Plaintiff-Appellant, v. Duane N. WILD, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 27, 1988.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Barry M. Levenson, assistant attorney general and James M. Freimuth, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Garrett N. Kavanagh of the Kavanagh Law Office, of Fond du Lac.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

The state appeals a pretrial order excluding medical reports which were provided to the defense after the time limit established by an earlier pretrial order. We hold that an order excluding evidence as a sanction is an order appealable as of right under sec. 974.05(1)(d)2, Stats. Further, we conclude that the trial court abused its discretion in failing to consider granting an adjournment and instead turning immediately to the harsh sanction of excluding...

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