STATE v. GREENWOLD

No. 94-1396-CR.

189 Wis.2d 59 (1994)

525 N.W.2d 294

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

Court of Appeals of Wisconsin.

Decided November 1, 1994.


Attorney(s) appearing for the Case

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

For the defendant-respondent, the cause was submitted on the briefs of Mary E. Waitrovich, assistant state public defender.

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


CANE, P.J.

The State appeals an order dismissing charges against Eugene Greenwold of homicide by intoxicated use of a motor vehicle and homicide by operation of a motor vehicle with a blood alcohol level of .1% or more in violation of § 940.09(1), STATS. The trial court found that the officers investigating the homicide charges acted in bad faith by not preserving evidence and thus violated Greenwold's due process rights. The State contends that the trial court...

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