Legal Opinion
State v. Hahn
Court of Appeals of Wisconsin
Decided June 19, 1986No. 85-1614-CRPublishedCited by 18 opinions
1Opinion of the CourtDykman, J.
The state appeals from an order dismissing with prejudice its complaint against Kevin Hahn for homicide by intoxicated use of a vehicle. The issue is whether the state's failure to preserve exculpa tory evidence justified dismissal. We conclude that the state violated its duty to preserve the evidence, and the trial court did not abuse its discretion by dismissing the complaint. We therefore affirm.
FACTS
On January 5, 1985, defendant was driving his pick-up truck when it left the roadway and overturned. A passenger in the truck was killed. Defendant's truck was towed to a private garage at the…
2Cases cited12 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. AgursSupreme Court of the United States · 1976
- California v. TrombettaSupreme Court of the United States · 1984
- United States v. Valenzuela-BernalSupreme Court of the United States · 1982
- Wirth v. EhlyWisconsin Supreme Court · 1980
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. Michael R. LuedtkeWisconsin Supreme Court · 2015
- State v. GreenwoldCourt of Appeals of Wisconsin · 1994
- State v. GreenwoldCourt of Appeals of Wisconsin · 1994
- State v. SchmittCourt of Appeals of Wisconsin · 1988
- State v. WildCourt of Appeals of Wisconsin · 1988
13 more not listed; retrieve them via the Exa API.