State v. Weissinger
851 N.W.2d 780
Wis. Ct. App.2014Background
- Weissinger hit and injured a motorcyclist on July 6, 2009; she voluntarily gave a blood sample at police request.
- initial blood test showed no alcohol, later THC detected in August 2009 and February 2010 tests.
- the blood sample was destroyed near end of April 2010 due to six-month retention policy.
- charges were filed May 2010 for causing injury and operating with detectable controlled substance.
- Weissinger moved to retest the destroyed sample in 2011; trial proceeded, she was convicted on both counts.
- the trial court admitted the state's blood-test results; Weissinger challenged under discovery and due process arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether destruction of the blood sample violated due process | Weissinger argues § 971.23(5) and due process require preservation for retest | Weissinger contends the destruction denied testing opportunity and violated due process | No due process violation; destruction not Bad Faith; results admissible |
| Role of § 971.23(5) and discovery in testing evidence | Discovery should include the blood sample itself for retesting | Only test results are discoverable, not the sample | § 971.23(5) does not require production of the sample; results admissible under law |
| Effect of pre-Youngblood Wisconsin law on destruction of evidence | Pre-Youngblood cases supported preservation rights | Youngblood controls; no exculpatory value shown; no bad faith shown | Youngblood framework applies; no due process violation shown under applicable standard |
Key Cases Cited
- California v. Trombetta, 467 U.S. 479 (U.S. 1984) (due process requires fairness and opportunity to defend; exculpatory value must be apparent)
- Arizona v. Youngblood, 488 U.S. 51 (U.S. 1988) (bad-faith standard for destruction of potentially useful evidence)
- State v. Disch, 119 Wis. 2d 461 (Wis. 1984) (pre-Youngblood; discussion of preservation and independent testing)
- State v. Ehlen, 119 Wis. 2d 451 (Wis. 1984) (preservation and testing rights; related discovery limits)
- State v. Greenwold, 181 Wis. 2d 881 (Ct. App. 1994) (adopted Youngblood framework in Wisconsin)
- State v. Greenwold, 189 Wis. 2d 59 (Ct. App. 1994) (Greenwold II; bad-faith/potentially useful evidence standard)
- Illinois v. Fisher, 540 U.S. 544 (U.S. 2004) (discovery requests do not erase bad-faith preservation rule; exculpatory value focus)
- State v. Amundson, 69 Wis. 2d 554 (Wis. 1975) (materiality standard for lost evidence; not require actual exculpatory proof)