Criminal Procedure — issue preclusion

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — issue preclusion

Shannon J. Perronne appeals from a judgment of conviction for her third offense operating a motor vehicle while intoxicated (OWI). The circuit court originally granted Perronne’s motion to suppress and dismissed the charges without prejudice after the prosecution’s key witness failed to show at the motion hearing. The State refiled the charges and also brought a motion to reconsider the order granting the motion to suppress. Perronne objected on the grounds that the doctrine of issue preclusion prevented the circuit court from deciding the matter again. The circuit court disagreed, vacated the suppression motion, and subsequently found there was probable cause to support the arrest. Perronne pled no contest and appealed. We hold that, as the issue of whether there was probable cause was never actually litigated at the initial motion hearing, issue preclusion does not apply. Perronne’s conviction is affirmed. This opinion will not be published.

2011AP1731-CR State v. Perronne

Dist II, Sheboygan County, Bolgert, J., Reilly, J.

Attorneys: For Appellant: Hoff, Casey J., Sheboygan; For Respondent: Weber, Gregory M., Madison; Wagner, Mary T., Sheboygan