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C. Presumptions, Ch. 903

State v. David Robert Brown, 2016AP83-CR, 12/14/2016, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) David Brown was arrested for OWI; the breathalyzer that he took about two hours later showed a .11 BAC. At trial he adduced expert testimony that, given what Brown told the expert he had drunk and when… Read More

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Oconto County v. Jonathan E. Van Ark, 2015AP1415, 8/23/16; District 3 (1-judge opinion; ineligible for publication); case activity (including briefs) Van Ark was sitting in his parked pickup truck when a deputy approached him, smelled alcohol, saw his glossy, blood-shot eyes, and observed his slow, slurred speech.  A subsequent hospital blood draw indicated that Van… Read More

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Little Chute Village Municipal Court v. Dennis M. Falkosky, 2015AP770, District 3, 9/22/15 (one-judge decision; ineligible for publication); case activity (including briefs) The trial court didn’t err by refusing to modify the standard OWI jury instruction, Wis. J.I.—Criminal 2668, by taking out language giving blood alcohol test results prima facie effect as to the defendant’s… Read More

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County of Taylor v. Dean T. Woyak, 2104AP1463, 2/24/15, District 3 (one-judge opinion, ineligible for publication); click here for briefs Woyak was convicted of OWI and PAC. He had driven into a ditch and was discovered with beer cans littering his car. He claimed that he drank the alcohol that resulted in a .222 BAC… Read More

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Do dentures distort breathalyzer test results?

State v. Mark K. Schrick, 2013AP1166-CR, District 4, 12/27/13 (1-judge decision, ineligible for publication); case activity Actually, this case concerns more than just dentures.  A jury convicted Schrick of operating a vehicle with a prohibited alcohol concentration in violation of §346.63(1)(b). On appeal, Schrick challenged (1) the trial court’s decision to deny his motion for… Read More

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State v. Sherry L. Schultz, 2007 WI App 257; prior history: State v. Scott R. Jensen, 2004 WI App 89, affirmed, 2005 WI 31 For Schultz: Stephen L. Morgan, Jennifer M. Krueger Issue/Holding: Jury instructions on the elements of duty and intent under § 946.12(3) created mandatory conclusive presumptions: ¶10      Schultz contends that the following… Read More

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§ 903.03, Conclusive Presumptions — Generally

State v. Sherry L. Schultz, 2007 WI App 257; companion case: State v. Scott R. Jensen, 2007 WI App 256; prior history: State v. Scott R. Jensen, 2004 WI App 89, affirmed, 2005 WI 31For Schultz: Stephen L. Morgan, Jennifer M. Krueger Issue/Holding: ¶9        In State v. Kuntz, 160 Wis.  2d 722, 736-37, 467 N.W.2d… Read More

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State v. Sherry L. Schultz, 2007 WI App 257; prior history: State v. Scott R. Jensen, 2004 WI App 89, affirmed, 2005 WI 31 For Schultz: Stephen L. Morgan, Jennifer M. Krueger Issue/Holding: Jury instructions on the elements of duty and intent under § 946.12(3) created mandatory conclusive presumptions: ¶10       Schultz contends that the… Read More

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