[DOWNLOAD] "State V. Miller" by State of Wisconsin in Court of Appeals District IV ~ eBook PDF Kindle ePub Free
eBook details
- Title: State V. Miller
- Author : State of Wisconsin in Court of Appeals District IV
- Release Date : January 06, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
¶1. Jason Miller appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), fifth offense, contrary to Wis. Stat. § 346.63(1)(a) (2001-02).*fn1 The charge resulting in this conviction was refiled after the trial court dismissed the charge without prejudice at the prosecutor's request, following the court's decision to exclude certain State's evidence as a sanction for a violation of the discovery statute, Wis. Stat. § 971.23. Miller contends the trial court in the second action erred in denying his motion to exclude the same evidence because of the decision in the first action to exclude it. We conclude that exclusion in the second action is not required by § 971.23, by the equal protection clause, or by any of the preclusion and estoppel doctrines on which Miller relies. We therefore affirm.