01-1125-CR State v. Elmer

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Carrie K. Elmer appeals a judgment of conviction entered after a jury found her guilty of operating a motor vehicle while intoxicated and operating a motor vehicle with a suspended license. At trial, Elmer attempted to show that she had not operated the vehicle and that, instead, she had switched seats with the intoxicated driver after police had stopped them. Her primary contention is that the circuit court committed reversible error by restricting the testimony of the other occupant of the vehicle. Because we conclude that the circuit court erroneously exercised its discretion when it limited relevant testimony which was not unfairly prejudicial to the prosecution and because the State has not carried its burden to show that the circuit court’s evidentiary error was harmless, we reverse the judgment of conviction and remand for a new trial.

This opinion will not be published.

Dist IV, Dane County, Schwartz, J., Roggensack, J.

Attorneys:

For Appellant: Patrick M. Donnelly, Madison

For Respondent: Christine M. Genda, Madison