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STATE v. GRIEP

No. 2009AP3073-CR.

845 N.W.2d 24 (2014)

353 Wis.2d 252

2014 WI App 25

STATE of Wisconsin, Plaintiff-Respondent, v. Michael R. GRIEP, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed February 19, 2014.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Michael R. Griep, pro se, and supplemental brief of Peter S. Moreno and Tricia J. Bushnell of the Frank J. Remington Center, Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Adam J. Levin , assistant district attorney, and Christian A. Gossett , district attorney, Oshkosh, and supplemental brief of Michael C. Sanders , assistant attorney general, and J.B. Van Hollen , attorney general.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.

BROWN, C.J.

¶ 1 This operating a motor vehicle while intoxicated case raises a recurring and unsettled question of law: under Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), may the State submit evidence of a driver's blood alcohol level at trial when the analyst who did the actual testing is unavailable to testify? Given how frequently the issue arises in our state courts, the muddled state...

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