Consolidated review of two published court of appeals decisions: State v. Weissinger, 2014 WI App 73 (case activity); and State v. Luedtke, 2014 WI App 79 (case activity) Issues (composed by On Point) In light of State v. Dubose, 2005 WI 126, 285 Wis. 2d 143, 699 N.W.2d 582, does the Wisconsin Constitution provide greater due process protection than… Read more
Blood Test Admissibility
City of Tomah v. Steven Seward, 2014AP735, District 4, 9/25/14 (1-judge; ineligible for publication); case activity Applying State v. Post, 2007 WI 60, 301 Wis. 2d 1, 733 N.W.2d 634, the court of appeals holds there was reasonable suspicion to stop Seward based on a police officer’s observations of his weaving within his lane of travel… Read more
State v. Victor J. Godard, 2014AP396-CR, District 4, 8/28/14 (1-judge; ineligible for publication); case activity The arresting officer provided Godard with accurate information about the implied consent law and thus did not cause Godard to refuse to submit to the implied consent blood test or deny him his right to a second test. Applying the three-part test for the… Read more
State v. Todd J. Giese, 2014 WI App 92; case activity Expert testimony regarding retrograde extrapolation of Giese’s blood alcohol concentration is admissible under new version of § 907.02(1) despite the fact some experts doubt its reliability because it was the product of reliable principles and methods and based upon sufficient facts and data. Giese, who was charged with operating… Read more
State v. Jessica M. Weissinger, 2014 WI App 73, petition for review granted 10/15/14, affirmed, 2015 WI 42; case activity Saying it is bound by the rule from Youngblood v. Arizona, 488 U.S. 51 (1988), the court of appeals holds that the state’s destruction of a blood sample before the defendant was notified of her option to… Read more
State v. Megan A. Padley, 2014 WI App 65; case activity The implied consent statute that allows an officer to ask for a driver for a blood sample when the officer lacks probable cause to arrest for OWI but has “reason to believe” the driver committed a traffic violation, § 343.305(3)(ar)2., is not facially unconstitutional. In addition, Padley’s consent to the blood… Read more
State v. Lawrence A. Levasseur, Jr., 2013AP2369-CR, District 4, 2/6/14; court of appeals decision (1-judge; ineligible for publication); case activity The arresting officer used an implied consent form that pre-dated the 2009 amendments to § 343.305, so it omitted language about accidents involving death or serious injury–language that did not apply to Levasseur’s situation. The use… Read more
State v. Constance Ilene Osborne, 2012AP2540-CR, District 4, 6/27/13; court of appeals decision (1-judge; ineligible for publication); case activity The results of a blood draw done by an EMT at the jail after Osborne was arrested for OWI were admissible because the method and manner of the blood draw were reasonable and the EMT was… Read more
