State v. Michael J. Carlson, 2002 WI App 44, PFR filed 1/17/02 For Carlson: Christopher A. Mutschler Issue: Whether Carlson was entitled to have his refusal charge dismissed with prejudice because his driver’s license was improperly revoked for nineteen days before he was granted a hearing. Holding: Due process protections — with respect to a hearing before… Read more
1. Constitutional issues
State v. Roland Smart, 2002 WI App 240 For Smart: Donald T. Lang, SPD, Madison Appellate Issue: Whether sentencing-guideline disparity for driving while intoxicated under guidelines adopted by local counties pursuant to § 346.65(2m) violates equal protection or due process. Holding: Sentencing guideline disparities need be supported only by rational basis for equal protection purposes, as “(i)t is… Read more
