State v. Geske, 810 N.W.2d 226

Geske consumed prescription meds, drank, and drove a Porsche into a Buick at high speed, killing two occupants.
Witnesses describe the Porsche speeding and running a red light; victims’ vehicle crossed the same intersection shortly before impact.
Geske’s BAC was .072 about two hours post-crash; she testified she inadvertently accelerated while reaching for a dog.
State experts reconstructed the crash, estimating speeds around 79–96 mph; DeRosia offered a lower speed via accident reconstruction.
Evidence showed extreme damage and that Geske did not brake before the collision.
Jury convicted Geske of two counts of first-degree reckless homicide and one count of recklessly endangering safety; postconviction relief denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for utter disregard	Geske argues no utter disregard shown	Geske contends swerving negates utter disregard	No; totality supports utter disregard given high speed and city setting
Admission of EDSMAC computer simulation	State violated discovery and foundation rules	Simulation not subject to pretrial disclosure; not offered in chief	Harmless error; evidence insufficient to undermine verdicts; not required to disclose absent intent to offer
Continuing duty to disclose under Wis. Stat. § 971.23(7)	State delayed disclosure unreasonably	Delay reasonable; disclosure followed cross-examination	Not reversible error; delay did not prejudice Geske
Sentencing discretion	Court overemphasized demeanor	Discretion properly weighed gravity and character	No error; court properly weighed factors and imposed maximums

State v. Poellinger, 153 Wis. 2d 493 (1990) (standard of review for sufficiency of evidence; independent legal element review)
State v. Wulff, 207 Wis. 2d 143 (1997) (independent review of legal elements; totality of circumstances)
State v. Jensen, 2000 WI 84 (2000) (utter disregard factors and totality of circumstances)
State v. Burris, 333 Wis. 2d 87 (2011) (totality of circumstances approach reiterated)
Miller v. State, 320 Wis. 2d 724 (2009) (utter disregard definition and context)
Wagner v. State, 76 Wis. 2d 30 (1977) (swerving to avoid victim previously in path indicates life regard)
Balistreri v. State, 83 Wis. 2d 440 (1978) (swerving to avoid oncoming vehicle acknowledged life regard; separate circumstances)
State v. Moriarty, 107 Wis. 2d 622 (Ct. App. 1982) (disclosure requirements; scope of intent to offer testimony)
Maskrey v. Volkswagenwerk Aktiengesellschaft, 125 Wis. 2d 145 (Ct. App. 1985) (foundational sufficiency for simulations and use in rebuttal)