State v. GriepAnnotate this Case
Defendant was convicted of operating a motor vehicle while intoxicated, third offense. Defendant appealed, arguing that his right of confrontation was violated when the circuit court admitted an expert witness’s testimony that established Defendant’s blood alcohol concentration while he was operating his vehicle. The expert witness based his opinion in part on forensic tests conducted by an analyst at the Wisconsin State Laboratory of Hygiene, who was unavailable for trial. The court of appeals affirmed the circuit court’s admission of the witness’s testimony. The Supreme Court affirmed, holding that the witness’s review of Defendant’s laboratory file, including the forensic test results at issue in this case, to form an independent opinion to which he testified did not violate Defendant’s right of confrontation.