STATE v. MITCHELL

Appeal No. 2019AP1942-CR.

978 N.W.2d 231 (2022)

2022 WI App 31

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

Court of Appeals of Wisconsin.

Opinion Filed: June 15, 2022.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Andrew R. Hinkel , assistant state public defender of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Michael C. Sanders , assistant attorney general, and Joshua L. Kaul , attorney general.

Before Gundrum, P.J., Neubauer and Kornblum, JJ.


¶1 This operating-a-motor-vehicle-while-intoxicated (OWI) case has a significant history as it has already been to the United States Supreme Court and back. In Mitchell v. Wisconsin, ___ U.S. ___, 139 S.Ct. 2525, 2539, 204 L.Ed.2d 1040 (2019) (plurality), the Court held that "[w]hen police have probable cause to believe...

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