Legal Opinion

State v. Fischer

Wisconsin Supreme Court

Decided February 2, 2010No. 2007AP1898-CRPublishedCited by 24 opinions

1Opinion of the CourtN. Patrick Crooks, J.

¶ 1. This is a review of a court of appeals decision1 that affirmed a ruling by the Ozaukee County Circuit Court, the Honorable Tom R. Wolfgram presiding, that excluded an expert's report and opinion testimony based in part on the results of a preliminary breath test (PBT) the defendant took just prior to arrest. Given the PBT result, the later blood test result, and typical absorption rates, the expert's opinion was that the defendant, Richard M. Fischer (Fischer), had a blood alcohol concentration (BAC) below the legal limit at the time he was pulled over by police and that his BAC level…

2Cases cited29 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  3. Crane v. KentuckySupreme Court of the United States · 1986
  4. Rock v. ArkansasSupreme Court of the United States · 1987
  5. United States v. SchefferSupreme Court of the United States · 1998

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3Cited by24 opinions

  1. Ash Park, LLC v. Alexander & Bishop, Ltd.Wisconsin Supreme Court · 2010
  2. State v. BurrisWisconsin Supreme Court · 2011
  3. State v. GilbertWisconsin Supreme Court · 2012
  4. State v. Jones (In Re Commitment of Jones)Wisconsin Supreme Court · 2018
  5. Fischer v. Ozaukee County Circuit CourtDistrict Court, E.D. Wisconsin · 2011

19 more not listed; retrieve them via the Exa API.

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