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STATE v. DISCH

No. 82-659-CR.

114 Wis.2d 47 (1983)

STATE of Wisconsin, Plaintiff-Appellant, v. Cynthia DISCH, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 7, 1983.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Daniel J. O'Brien, assistant attorney general.

For the defendant-respondent the cause was submitted on the brief of Archie E. Simonson of Madison.

Before Gartzke, P.J., Dykman, J. and W.L. Jackman, Reserve Judge.

GARTZKE, P.J.

The state appeals from an order suppressing defendant's blood alcohol test result. The issue is whether the state violated defendant's due process rights when the state consumed her blood sample by testing for drugs after she moved to independently test the sample. We conclude that she was denied due process. We therefore affirm.

On August 8, 1980 defendant drove a car which collided with another. The accident injured her passenger, who died...

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