Legal Opinion

State v. Gardner

Court of Appeals of Wisconsin

Decided April 11, 2006No. 2005AP1372-CRPublishedCited by 2 opinions

1Opinion of the Court

WEDEMEYER, PJ.

¶ 1. Eric Benjamin Gardner appeals from a judgment entered after he pled no contest to one count of injury by intoxicated use of a motor vehicle, contrary to Wis. Stat. § 940.25(l)(am) (2003-04). Gardner claims that § 940.25(l)(am) is unconstitutional. Because Gardner has failed to establish that this statute as applied to him is unconstitutional, we affirm.

BACKGROUND

¶ 2. On December 20, 2003, Gardner crashed the motor vehicle he was driving into a tree a few blocks from his home. Michelle Marino, who was riding in the front passenger seat of Gardner's vehicle, was severely…

2Cases cited16 opinions

  1. Sandstrom v. MontanaSupreme Court of the United States · 1979
  2. Robinson v. CaliforniaSupreme Court of the United States · 1962
  3. Tot v. United StatesSupreme Court of the United States · 1943
  4. Powell v. TexasSupreme Court of the United States · 1968
  5. State v. ColeWisconsin Supreme Court · 2003

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3Cited by2 opinions

  1. People v. RodriguezAppellate Court of Illinois · 2009
  2. People v. RodriguezAppellate Court of Illinois · 2009

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