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STATE v. VAN LINN

No. 2019AP1317-CR.

971 N.W.2d 478 (2022)

2022 WI 16

STATE of Wisconsin, Plaintiff-Respondent, v. Daniel J. VAN LINN, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Opinion Filed: March 24, 2022.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner, there were briefs filed by Andrew R. Hinkel , assistant state public defender. There was an oral argument by Andrew R. Hinkel .

For the plaintiff-respondent, there was a brief filed by John W. Kellis , assistant attorney general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by John W. Kellis .

DALLET, J., delivered the majority opinion of the Court, in which ZIEGLER, C.J., ROGGENSACK, REBECCA GRASSL BRADLEY, HAGEDORN, and KAROFSKY, JJ., joined. ANN WALSH BRADLEY, J., filed a dissenting opinion.

¶1 After crashing his car, Daniel Van Linn was taken to the hospital, where two blood tests were performed: the first one by the hospital for diagnostic and treatment purposes; a later one at the direction of a sheriff's deputy for investigative purposes. Both blood tests revealed that Van Linn's blood-alcohol concentration...

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