State v. Greenwold

The State appeals an order dismissing charges against Eugene Greenwold of homicide by intoxicated use of a motor vehicle and homicide by operation of a motor vehicle with a blood alcohol level of .1% or more in violation of § 940.09(1), Stats. The trial court found that the officers investigating the homicide charges acted in bad faith by not preserving evidence and thus violated Greenwold's due process rights. The State contends that the trial court applied the Arizona v. Youngblood, 488 U.S. 51 (1988), standard improperly by concluding that the officers' negligence constituted bad faith and…