New London man gets new trial

Wausau, WI

WAUSAU, Wis. (AP) - A 32-year-old New London man sentenced to four years in prison for running over a pedestrian while driving drunk is getting a new trial.

The 3rd District Court of Appeals ruled Tuesday the jury that convicted Michael Nollenberg had an incomplete picture of the case because of important missing evidence. The panel says the interests of justice require Nollenberg's homicide by intoxicated use of a vehicle conviction be overturned.

Nollenberg was sentenced to prison for the Sept. 24, 2005, crash that killed 22-year-old James Weber on a rural Outagamie County road.

The appeals court says the jury never heard evidence that the low beam lights on Nollenberg's pickup truck complied with state law in illuminating the road 104 feet ahead. The jury only heard evidence that the low beams were misaligned and did not comply with federal car manufacture standards.

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