State v. Disch

This is a review of the court of appeals decision in State v. Disch, 114 Wis. 2d 47, 337 N.W.2d 194 (Ct. App. 1983), which affirmed a pretrial order of the circuit court for Dane county, Moria Krue-ger, Circuit Judge, suppressing the results of a blood test in a prosecution for homicide by intoxicated use of a motor vehicle (sec. 940.09, Stats. 1979-80) on the grounds that the defendant Disch was denied due process because her demand for the production of a portion of the original blood for retesting could not be accommodated. The prosecution used the blood remaining after the original test…