(DOWNLOAD) "State v. Lindholm" by State of Wisconsin in Court of Appeals District II # Book PDF Kindle ePub Free
eBook details
- Title: State v. Lindholm
- Author : State of Wisconsin in Court of Appeals District II
- Release Date : January 27, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
1 On April 19, 2001, the Jefferson county circuit court, acting in part on a capitulation by the district attorneys office of that county, negated a prior operating while intoxicated conviction for Michael J. Lindholm, based on information that it was his brother who was driving while intoxicated, not him. Lindholm was more recently arrested for operating while intoxicated in Walworth county and the State charged him with OWI, fourth offense. But the Walworth county circuit court, giving full faith and credit to what occurred in the Jefferson county circuit court, ruled that the proper charge was OWI, third offense. The State appeals, alleging that Lindholm improperly collaterally attacked one of his convictions and that the OWI, fourth offense, should stand. But the State has the issue wrong. The question was already decided in the Jefferson county circuit court and the State is barred by issue preclusion from relitigating its validity. We affirm.