(DOWNLOAD) "Town Geneva v. William A. Tills" by Supreme Court of Wisconsin * Book PDF Kindle ePub Free
eBook details
- Title: Town Geneva v. William A. Tills
- Author : Supreme Court of Wisconsin
- Release Date : January 16, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This is an appeal from a judgment of the circuit court for Walworth county which we accepted on certification of the court of appeals. We accepted certification of the question, whether circuit courts may permit trial testimony by telephone during civil jury cases even though an objection has been raised. We reverse the judgment of the circuit court, which found William A. Tills guilty of violating a traffic ordinance of the Town of Geneva, which conformed to sec. 346.63(1)(a), Stats., operating a motor vehicle while under the influence of an intoxicant (OMVI), and sec. 346.63(1)(b), illegal blood alcohol concentration (IBAC). Because we conclude that, under the facts and circumstances of this case, the trial Judge's last minute determination to permit the village's scientific witness, a State Laboratory of Hygiene chemist, to testify by telephone was an abuse of discretion, which deprived the defendant of the opportunity to have a meaningful cross-examination of the witness, we reverse and remand for a new trial. The defendant pleaded not guilty to this first OMVI offense. He was tried before a jury, which found him guilty on a 5-1 vote.