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01-2281-CR State v. Gruber
By: dmc-admin//April 1, 2002//
Listen to this articleWe reject William J. Gruber’s request that he be granted a new trial because the jury was not given the opportunity to consider important evidence that bore on an important issue. Gruber’s contention that he was convicted with the use of unreliable evidence is premised on a proposed attack on the accuracy of the Intoxilyzer 5000. Such an attack amounts to nothing more than a new theory of defense and does not justify a new trial in the interest of justice. This opinion will not be published.
Dist II, Ozaukee County, Swietlik, J., Anderson, J.
Attorneys:
For Appellant: Martin E. Kohler, Milwaukee; John C. Thomure Jr., Milwaukee; Brian Kinstler, Milwaukee
For Respondent: Adam Y. Gerol, Port Washington
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