By: WISCONSIN LAW JOURNAL STAFF//August 16, 2011//
Motor Vehicles
OWI; Confrontation Clause
Richard Dean Boyer appeals his judgment of conviction after a jury found him guilty of operating a motor vehicle while under the influence of an intoxicant and operating a motor vehicle with a prohibited alcohol concentration, both as fourth offenses. Boyer contends that the trial court erroneously admitted the results of a blood test taken the night of Boyer’s arrest indicating that his blood alcohol concentration was over the legal limit. Boyer argues that the admission of the test results violated his Sixth Amendment right to confrontation because the phlebotomist who drew his blood was not called to testify. Because we conclude that Boyer’s Sixth Amendment right was not violated, we affirm the trial court. This opinion will not be published.
2011AP305-CR State v. Boyer
Dist I, Milwaukee County, Konkol, J., Kessler, J.
Attorneys: For Appellant: Piel, Walter Arthur, Jr., Milwaukee; For Respondent: Berg, Kenneth R., Milwaukee; Loebel, Karen A., Milwaukee; Weber, Gregory M., Madison