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STATE v. FISCHER

No. 2007AP1898-CR.

778 N.W.2d 629 (2010)

2010 WI 6

STATE of Wisconsin, Plaintiff-Respondent, v. Richard M. FISCHER, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided February 2, 2010.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs filed by Robin Shellow, Urszula Tempska, and The Shellow Group, Milwaukee, and James M. Shellow and Shellow & Shellow, S.C., Milwaukee, and oral argument by James M. Shellow.

For the plaintiff-respondent the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the brief was J.B. Van Hollen, attorney general.

¶ 1 N. PATRICK CROOKS, J.

This is a review of a court of appeals decision1 that affirmed a ruling by the Ozaukee County Circuit Court, the Honorable Tom R. Wolfgram presiding, that excluded an expert's report and opinion testimony based in part on the results of a preliminary breath test (PBT) the defendant took just prior to arrest. Given the PBT result, the later blood test result, and...

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