STATE v. DOBBS

No. 2018AP319-CR.

945 N.W.2d 609 (2020)

2020 WI 64

STATE of Wisconsin, Plaintiff-Respondent, v. Timothy E. DOBBS, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Opinion Filed: July 3, 2020.


Attorney(s) appearing for the Case

For the defendant-appellant-petitioner, there were briefs filed by Michael D. Rosenberg and Community Justice, Inc., Madison. There was an oral argument by Michael D. Rosenberg.

For the plaintiff-respondent, there was a brief filed by Michael C. Sanders , assistant attorney general; with whom on the brief is Joshua L. Kaul , attorney general. There was an oral argument by Michael C. Sanders.

An amicus curiae brief was filed on behalf of The Innocence Projects, In., and the Wisconsin Innocence Project by Andrew T. Dufresne , Sopen B. Shah , and Perkins Coie LLP, Madison; with whom on the brief was Keith A. Findley and the Wisconsin Innocence Project, Madison.

DALLET, J., delivered the majority opinion of the Court with respect to Parts I, II, and III.C., in which all Justices joined; the majority opinion of the Court with respect to Part III.A., in which ROGGENSACK, C.J., ANN WALSH BRADLEY, ZIEGLER, and HAGEDORN, JJ., joined; and the majority opinion of the Court with respect to Part III.B., in which ANN WALSH BRADLEY, REBECCA GRASSL BRADLEY, and KELLY, JJ., joined. ZIEGLER, J., filed a concurring opinion, in which ROGGENSACK, C.J., and HAGEDORN, J., joined. KELLY, J., filed a concurring opinion, in which REBECCA GRASSL BRADLEY, J., joined.


¶1 The petitioner, Timothy E. Dobbs, seeks review of the court of appeals' decision1 affirming his judgment of conviction for homicide by intoxicated use of a vehicle.

¶2 Dobbs raises two issues on appeal. First, Dobbs asserts that the circuit court improperly excluded the expert...

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