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b. Closing argument

State v. Robert Mario Wheeler, 2016AP55-CR, 2/21/2017, District 1 (not recommended for publication); case activity (including briefs) Robert Wheeler was tried for reckless injury and being a felon in possession of a gun arising out of a single shooting incident. To keep the jury from hearing about his status as a felon, the parties stipulated that… Read More

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State v. Addison F. Steiner, 2013AP2629-CR, district 4, 10/16/14 (not recommended for publication); case activity This case raises an issue that even the court of appeals deemed to be of first impression. Does §948.20, which criminalizes abandonment of a child, require an intent to abandon a child permanently, or is leaving a child alone for 1 or 2 hours… Read More

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Closing Argument – Reference to Defendant’s Failure to Testify

State v. Carmen L. Doss, 2008 WI 93, reversing 2007 WI App 208 For Doss: Robert R. Henak Issue/Holding: Closing argument remarks addressed to Doss’s failure to explain missing funds did not amount to a comment on her failure to testify: ¶81      … [F]or a prosecutor’s comment to constitute an improper reference to a defendant’s… Read More

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State v. Caltone K. Cockrell, 2007 WI App 217, PFR filed For Cockrell: Paul R. Nesson, Jr. Issue/Holding: ¶44, n. 14: The State also argues that Cockrell waived his right to object on this ground because he did not move for a mistrial. We agree with Cockrell that the case the State relies on for… Read More

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State v. Nicole Schutte, 2006 WI App 135, PFR filed 7/21/06 For Schutte: Donald T. Lang, SPD, Madison Appellate Issue/Holding: Failure to move for mistrial waived any objection to the prosecutor’s closing argument, ¶60. Nor do the comments rise to the level of plain error necessary to overcome waiver: ¶61      The State points out that… Read More

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State v. Xavier J. Rockette (II), 2006 WI App 103, PFR filed 6/29/06 ( prior unrelated appeal involving same defendant, different case: 2005 WI App 205) For Rockette: Timothy A. Provis Issue/Holding: Failure to move for mistrial waives objection to closing argument, ¶28, citing State v. Dale H. Davidson, 2000 WI 91, ¶86, 236 Wis… Read More

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State v. Dale H. Davidson, 2000 WI 91, 236 Wis. 2d 537, 613 N.W.2d 606, reversing State v. Davidson, 222 Wis. 2d 233, 589 N.W.2d 038 For Davidson: Jerome F. Buting & Pamela Moorshead Issue: Whether objection to the prosecutor’s closing argument was waived by failing to move for mistrial. Holding: Although Davidson objected to… Read More

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