By: WISCONSIN LAW JOURNAL STAFF//January 12, 2011//
Motor Vehicles
OWI; due process; exculpatory evidence
This case returns to us after remand. The State appeals from a circuit court order dismissing charges filed against Daniel W. Kohel for operating a motor vehicle while intoxicated (OWI) and with a prohibited blood alcohol content (PAC), both as a third offense. The circuit court did so based on its determination that the State had violated Kohel’s due process rights by failing to produce potentially exculpatory evidence. We uphold the circuit court’s ruling. Based on the facts as found by the circuit court, we conclude that the State’s failure to produce potentially exculpatory evidence over a period of three and one-half years violated Kohel’s due process rights. We therefore affirm the order. This opinion will not be published.
2010AP1057-CR State v. Kohel
Dist II, Racine County, Torhorst, J., Neubauer, P.J.
Attorneys: For Appellant: Weber, Gregory M., Madison; Wishau, Noah, Racine; For Respondent: Mishlove, Andrew, Milwaukee