On Point blog, page 1 of 1
Unfair Prejudice, § 904.03 – Misconduct Evidence, Marijuana Use — § 940.10(1), Homicide by Negligent Operation of Vehicle
State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06
For Schutte: Donald T. Lang, SPD, Madison Appellate
Issue/Holding1: Evidence of the driver’s marijuana use just before the accident resulting in the charged homicide by negligent use of vehicle was relevant and admissible:
¶48 Although the toxicology expert could not tie the level of THC detected in Schutte’s blood to a specific level of impairment,