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2009AP2664-CR State v. Krueger

By: WISCONSIN LAW JOURNAL STAFF//November 16, 2010//

2009AP2664-CR State v. Krueger

By: WISCONSIN LAW JOURNAL STAFF//November 16, 2010//

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Motor Vehicles
OWI; confrontation clause

Basil J. Krueger appeals a judgment of conviction, entered following a jury trial, for operating a motor vehicle with a detectable amount of a restricted controlled substance in his blood (fifth offense), contrary to Wis. Stat. § 346.63(1)(am) (2007-08). Krueger argues that he should be granted a new trial because he was denied his constitutional right to confront witnesses and because the trial court erred when it allowed an officer to testify about what it means to self-medicate. Because Krueger made a strategic decision not to move for a mistrial, his first argument fails. We further conclude that the trial court properly admitted the testimony Krueger challenges on appeal. Accordingly, we affirm. This opinion will not be published.

2009AP2664-CR State v. Krueger

Dist I, Milwaukee County, Cimpl, J., Per Curiam

Attorneys: For Appellant: Guerard, Jeffrey J., Milwaukee; For Respondent: Balistreri, Thomas J., Madison; Loebel, Karen A., Milwaukee

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