Errata: State v. Ryan E. Brockman

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Nos. 95-1780-CR 95-1781-CR 95-1782-CR STATE OF WISCONSIN IN COURT OF APPEALS DISTRICT IV STATE OF WISCONSIN, Plaintiff-Appellant, v. ERRATA SHEET RYAN E. BROCKMAN, Defendant-Respondent. Marilyn L. Graves Clerk of Court of Appeals 231 East, State Capitol Madison, WI 53702 Peg Carlson Chief Staff Attorney 119 Martin Luther King Blvd. Madison, WI 53703 Court of Appeals District I 633 W. Wisconsin Ave., #1400 Milwaukee, WI 53203-1918 Court of Appeals District II 2727 N. Grandview Blvd. Waukesha, WI 53188-1672 Court of Appeals District III 740 Third Street Wausau, WI 54403-5784 Court of Appeals District IV 119 Martin Luther King Blvd. Madison, WI 53703 Jennifer Krapf Administrative Assistant 119 Martin Luther King Blvd. Madison, WI 53703 Hon. Jack F. Aulik Dane Co. Courthouse 210 M.L. King Jr. Blvd. Madison, WI 53709 Judith Coleman Nispel Trial Court Clerk Nos. 95-CT-285/286,95-CM-499 Dane Co. Courthouse Madison, WI 53709 Paul W. Humphrey Asst. District Attorney 523 City-County Bldg. Madison, WI 53709 Nos. 95-1780-CR 95-1781-CR 95-1782-CR Peter L. Steinberg King Street Law Collective 111 King St., #24 Madison, WI 53703 PLEASE TAKE NOTICE that the attached page 7 is to be substituted for page 7 in the above-captioned opinion which was released on May 9, 1996. Dated this 17th day of December, 2006. -2- Nos. 95-1780-CR 95-1781-CR 95-1782-CR commenced." State v. Maass, 178 Wis.2d 63, 67, 502 N.W.2d 913, 915 (Ct. App. 1993). Because it would tend to establish whether one of the elements of § 346.63(1)(a), STATS., exists for operating under the influence, Brockman's HGN test result is significant evidence. The trial court's order barred its admission. The State may appeal the order under § 974.05(1)(d)2, STATS. III. EXPERT WITNESS Whether a witness is qualified as an expert is a discretionary determination for the trial court. State v. Donner, 192 Wis.2d 305, 317, 531 N.W.2d 369, 374 (Ct. App. 1995). The court properly exercises its discretion when it applies the correct theory of law to the facts of record in a reasoned manner. Hartung, 102 Wis.2d 58, 66, 306 N.W.2d 16, 20 (1981). If the witness knows something beyond that generally known, the witness is an expert. State v. Hollingsworth, 160 Wis.2d 883, 896, 467 N.W.2d 555, 560 (Ct. App. 1991). The trial court ruled that Dr. Godich was not qualified because his opinions were based on hearsay, since no evidence existed that the articles he brought to the hearing came under the learned treatise exception, but even if they did the State had not complied with the forty-day notice requirement in that exception, § 908.03(18)(a), STATS. -7-

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