STATE v. GREENWOLD

No. 93-2133-CR.

181 Wis.2d 881 (1994)

512 N.W.2d 237

STATE of Wisconsin, Plaintiff-Appellant, v. Eugene P. GREENWOLD, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided January 11, 1994.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Barbara L. Oswald, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Mary E. Waitrovich, first assistant state public defender.

Before Cane, P.J., LaRocque and Myse, JJ.


CANE, P.J.

The State appeals an order dismissing the State's charges of homicide by the intoxicated use of a motor vehicle and homicide by operation of a motor vehicle with a blood alcohol level of .1% or more. See §940.09(1), STATS., 1989-90. The State argues that the trial court applied the wrong legal standard by concluding that Eugene Greenwold's due process rights were violated when the State failed to preserve certain evidence. Because the trial...

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