State v. Greenwold

The State appeals an order dismissing the State's charges of homicide by the intoxicated use of a motor vehicle and homicide by operation of a motor vehicle with a blood alcohol level of .1% or more. See § 940.09(1), Stats., 1989-90. The State argues that the trial court applied the wrong legal standard by concluding that Eugene Greenwold's due process rights were violated when the State failed to preserve certain evidence. Because the trial court failed to apply the standards set forth in Arizona v. Youngblood, 488 U.S. 51 (1988), we reverse the order of dismissal and remand for proceedings…