State v. Michael R. Luedtke

¶ 1. This is a review of two published decisions of the court of appeals, State v. Luedtke, 2014 WI App 79, 355 Wis. 2d 436, 851 N.W.2d 837, and State v. Weissinger, 2014 WI App 73, 355 Wis. 2d 546, 851 N.W.2d 780. We consolidated the cases for the purpose of this opinion because both present the same issue on largely similar facts. Both cases require us to examine the constitutional implications of blood sample destruction that deprived the defendants of the opportunity to independently test their samples.

¶ 2. In Luedtke, the Winnebago County District Attorney's Office charged Michael R.…