2007AP2322-CR State v. Klick

By: dmc-admin//March 17, 2008//

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Motor Vehicles
OWI; due process; judicial recusal

James H. Klick appeals from a judgment finding him guilty of operating under the influence of an intoxicant in violation of Wis.Stat. § 346.63(1)(a), fourth offense, as well as operating with a prohibited alcohol concentration in violation of § 346.63(1)(b), fourth offense. Klick argues that his past relationship with Judge Carlson should have been grounds for disqualification under Wis. Stat. § 757.19(2)(g). Klick also argues that Judge Carlson's denial of his motion violated his due process rights by not allowing him a fair and impartial trier of fact. We disagree with Klick's arguments and, therefore, we affirm the judgment. This opinion will not be published.

2007AP2322-CR State v. Klick

Dist II, Walworth County, Carlson, J., Anderson, P.J.

Attorneys: For Appellant: Oldeschulte, Rudolph L., Williams Bay; For Respondent: Weber, Gregory M., Madison; Grube, Joshua Patrick, Elkhorn

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