Court Error – Abuse of Discretion – Admittance of Testimony

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Andrew G. Chitwood

Case No.: 2015AP97-CR

Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.

Focus: Court Error – Abuse of Discretion – Admittance of Testimony

Andrew G. Chitwood appeals from a judgment of conviction rendered after a jury found him guilty of operating a motor vehicle under the influence of drugs and after revocation. During trial, the State offered the testimony of Nathan Peskie, a drug recognition evaluator, who had examined Chitwood while he was in the hospital after a single-car accident and concluded that he was impaired by a central nervous system depressant and narcotic analgesic. Peskie’s testimony was admitted over the objection of defense counsel who argued that Peskie’s opinion was unreliable and, thus, inadmissible under the Daubert standard codified in WIS. STAT. § 907.02(1) (2013-14). See Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993). This was because, owing to Chitwood’s injuries, Peskie was unable to complete all twelve steps of the drug recognition evaluation protocol. We hold that the circuit court did not erroneously exercise its discretion when it admitted Peskie’s testimony and therefore we affirm the judgment.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.