Supreme Court To Hear 1999 DUI Death Case
MADISON, Wis. (AP) -- The Wisconsin Supreme Court will hear the case of a man imprisoned since his 1999 conviction for driving drunk and killing a Winnebago County woman.
WLUK-TV reports on Thursday that 47-year-old David J. Balliette claims his trial lawyer was ineffective because he did not call an accident reconstruction expert.
Balliette was convicted in the death of Michelle Thein, who was killed when Balliette's pickup truck struck her car as she was turning left into her driveway. His blood alcohol level was measured at 0.183 after the crash.
Balliette claims the accident would have happened even if he were sober.
Prosecutors wanted the Supreme Court to take the case, saying it needed to clarify whether hearings would be required in future cases where ineffective counsel was argued.
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Information from: WLUK-TV, http://www.fox11online.com
(Copyright 2010 by The Associated Press. All Rights Reserved.)
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