OWI-Procedural Issues

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jeffrey Allen Jacobi

Case No.: 2022AP000441-CR

Officials: Brash, C.J., Donald, P.J., and Dugan, J.

Focus: OWI-Procedural Issues

Jacobi appeals a judgment of conviction for operating while intoxicated (OWI) as a seventh or subsequent offense. On appeal, Jacobi contends that: (1) his constitutional right to a speedy trial was violated. The appeals court ruled that Jacobi’s right to a speedy trial was not violated.  While the length of the delay was presumptively prejudicial, there were valid reasons for most of the delay.  There was no prosecutorial misconduct because the prosecutor did not tell the jury that Jacobi had six prior convictions (2) The prosecutor improperly referred to Jacobi’s prior OWI convictions. The appeals court ruled there was no prosecutorial misconduct because the prosecutor did not tell the jury that Jacobi had six prior convictions. (3) the trial court erroneously allowed the State to use a variety of other inadmissible evidence. The appeals court ruled that the expert’s testimony was properly admitted and (4) He is entitled to a new trial in the interest of justice. The appeals court ruled that this is not an exceptional case warranting a new trial in the interest of justice.

Affirmed.

Decided 07/11/23

Full Text