STATE v. KONKOL

No. 01-2126-CR.

256 Wis.2d 725 (2002)

2002 WI App 174

649 N.W.2d 300

STATE of Wisconsin, Plaintiff-Respondent, v. Richard N. KONKOL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 19, 2002.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Brian C. Hough of Robinson Law Firm of Appleton.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Carissa J. Kuecherer, assistant district attorney.

Before Nettesheim, P.J., Brown and Snyder, JJ.


¶ 1. BROWN, J.

In this OWI case, the State anticipated before trial what the theory of the defense would be and planned to rebut the theory by use of expert witness testimony. The issue we face on appeal, one of first impression in Wisconsin, is whether the State was required to disclose a known and anticipated rebuttal witness regardless of the statement in WIS. STAT. § 971.23(1)(d) (1999-2000)

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