STATE v. MITCHELL

No. 2015AP304-CR.

914 N.W.2d 151 (2018)

2018 WI 84

STATE of Wisconsin, Plaintiff-Respondent, v. Gerald P. MITCHELL, Defendant-Appellant.

Supreme Court of Wisconsin.

Opinion Filed: July 3, 2018.


Attorney(s) appearing for the Case

For the defendant-appellant, there were briefs filed by Linda J. Schaefer and Schaefer Law Firm, S.C., Sturgeon Bay. There was an oral argument by Linda J. Schaefer .

For the plaintiff-respondent, there was a brief filed by Ryan J. Walsh , chief deputy solicitor general, with whom on the brief were Brad D. Schimel , attorney general, and David H. Perlman , assistant attorney general. There was an oral argument by Ryan J. Walsh , chief deputy solicitor general.

An amicus curiae brief was filed on behalf of Mothers Against Drunk Driving by Kevin M. St. John and Bell Giftos St. John, LLC, Madison, with whom on the brief was Theane D. Evangelis , Lauren M. Blas , and Gibson, Dunn & Crutcher, LLP, Los Angeles, California. There was an oral argument by Lauren M. Blas .


¶ 1 This appeal is before us on certification from the court of appeals.

¶ 2 Gerald Mitchell was convicted of operating while intoxicated and with a prohibited alcohol concentration, based on the test of blood drawn without a warrant while he was unconscious, pursuant to Wis. Stat. § 343.305...

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