Please ensure Javascript is enabled for purposes of website accessibility

Motor Vehicles – OWI — prior convictions — collateral attacks

By: WISCONSIN LAW JOURNAL STAFF//March 12, 2014//

Motor Vehicles – OWI — prior convictions — collateral attacks

By: WISCONSIN LAW JOURNAL STAFF//March 12, 2014//

Listen to this article

Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — prior convictions — collateral attacks

The State appeals from a nonfinal order granting Kyle J. Brunner’s motion collaterally attacking two prior convictions for operating a motor vehicle while intoxicated.[1] The State contends that Brunner failed to make a prima facie showing that his prior convictions were obtained in violation of his constitutional right to counsel. We determine that even assuming Brunner’s written motion alleged sufficient facts entitling him to a hearing, his sworn testimony did not support or establish his factual allegations. We conclude that Brunner failed to make a prima facie showing sufficient to shift the burden of proof to the State, and we reverse. This opinion will not be published.

2013AP125-CR State v. Brunner

 

Dist II, Sheboygan County, Bolgert, J., Per Curiam

Attorneys: For Appellant: Sanders, Michael C., Madison; Wagner, Mary T., Sheboygan; For Respondent: Krahn, Ellen J., Madison

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests