Due Process Violation – Jury Instructions

By: Derek Hawkins//September 28, 2021//

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jacky Lee

Case No.: 2020AP1633-CR

Officials: DONALD, J.

Focus: Due Process Violation – Jury Instructions

Jacky Lee appeals a judgment of conviction, following a jury trial, for a second-offense operating a motor vehicle with a prohibited alcohol concentration.

On appeal, Lee contends that his due process rights were violated when the circuit court denied his request to provide a special instruction to the jury regarding the destruction of an intoximeter breath test video. In addition, Lee argues that the circuit court erred when it failed to bar the State from introducing maintenance records for the intoximeter machine and the certification records of the officer who operated the machine. As discussed below, we reject Lee’s arguments and affirm.

Full Text

Derek A Hawkins is Corporate Counsel, at Salesforce.

Select Region or Brand

Upcoming Event