Suppression of Evidence-Right to Counsel

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Andrew Jason Peterson

Case No.: 2022AP000697-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Suppression of Evidence-Right to Counsel

Peterson, acting pro se, was convicted of homicide by intoxicated use of a vehicle with a prior intoxicant-related conviction and challenged the circuit court’s decision on several grounds. He argued for suppression of his blood test results due to alleged denial of a second test, violation of his right to counsel, denial of a fair and impartial jury, entitlement to a new trial based on prosecutorial misstatement of an affirmative defense, and ineffective assistance of counsel.

The court systematically denied Peterson’s claims. It ruled that Peterson failed to properly request an additional blood test and that law enforcement’s responsibilities were limited to not obstructing such a request. The court found no violation of Peterson’s right to counsel during an overnight recess in testimony, identified no bias in a juror who was a distant cousin of a deputy involved in the case, and saw no prosecutorial misstatement regarding the affirmative defense that impacted the trial’s fairness. Peterson’s arguments of ineffective assistance of counsel were also rejected, including claims related to juror bias, the right to counsel, preparation for impeachment evidence, objection to lack of remorse evidence, and development of an affirmative defense involving his daughter’s dog causing the crash. The appellate court concluded that Peterson did not demonstrate either deficient performance by his counsel or prejudice to his defense, affirming both his conviction and the denial of his postconviction motion.

Affirmed.

Decided 03/26/24

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