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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STATE v. KONKOL
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.https://leagle.com/images/logo.png
Submitted on briefs January 2, 2002.
Decided June 19, 2002.
Attorney(s) appearing for the Case
On behalf of the plaintiff-respondent, the cause was submitted on the brief of
Before Nettesheim, P.J., Brown and Snyder, JJ.
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