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STATE v. CLARK

No. 2020AP1058-CR.

972 N.W.2d 533 (2022)

2022 WI 21

STATE of Wisconsin, Plaintiff-Appellant, v. Teresa L. CLARK, Defendant-Respondent.

Supreme Court of Wisconsin.

Opinion Filed: April 20, 2022.

Attorney(s) appearing for the Case

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

For the defendant-respondent, there was a brief filed by Garrett M. Gondik and Gondik Law, S.C., Superior. There was an oral argument by Garrett M. Gondik .

An amicus curiae brief was filed on behalf of Wisconsin State Public Defender by Katie R. York , appellate division director; with whom on the brief was Kelli S. Thompson , state public defender.

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

¶1 A defendant charged with operating while intoxicated (OWI) faces an escalating set of penalties depending on the number of prior convictions. As part of a defense to an OWI charge, a defendant may challenge a prior conviction—known as a collateral attack—when the defendant was not represented and did not...

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