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1. Curative Instruction

State v. Rodell Thompson, 2015AP1764-CR, District 4, 8/4/16 (not recommended for publication); case activity (including briefs) The trial court didn’t erroneously exercise its discretion in deciding to admit other-acts evidence in Thompson’s trial for sexual assault, false imprisonment, and battery, and Thompson’s IAC claims fail for want of prejudice. Thompson concedes the other-acts evidence in… Read More


State v. Michael C. Hess, 2014AP268-CR, District 3, 11/11/14 (not recommended for publication); case activity While the trial evidence was sufficient to support the jury’s verdict that Hess possessed methamphetamine, Hess is entitled to a new trial in the interest of justice because the verdict may have been influenced by evidence offered to proved drugged-driving charges that were… Read More


State v. Omar J. Smith, 2012AP863-CR, District 1, 9/10/13; (not recommended for publication); case activity A jury convicted Smith of first-degree reckless homicide while armed as party to a crime and a host of other crimes.  Two issues are noteworthy. Miranda-Edwards issue:  Police began questioning Smith while he was in custody.  He invoked his right… Read More

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Curative Instruction – Stricken Testimony

State v. Cortez Ramon Brooks, I, 2010AP2454-CR, District 1, 1/10/12 court of appeals decision (not recommended for publication); for Brooks: Ann T. Bowe; case activity The trial court immediately struck non-responsive testimony of a jailhouse informant that Brooks had admitted to “multiple homicides.” Denial of a subsequent motion for mistrial based on this testimony is… Read More


IAC Claim – Denial without Hearing

State v. Robert L. Brinson, 2010AP001819-CR, District 1, 5/10/11 court of appeals decision (3-judge, not recommended for publication); for Brinson: Paul Bugenhagen, Jr.; case activity Cautionary instruction cured any potential prejudice from revelation of prior record. ¶16      We disagree.  The trial court instructed the jury several times that it could not consider Brinson’s possible status as a probationer or parolee, or the… Read More


State v. Lea B. Kolner, 2010AP1233-CR, District 3, 11/2/10 court of appeals decision (1-judge, not for publication); for Kolner: R. Michael Waterman; BiC; Resp.; Reply Curative Instruction Any impropriety in the prosecutor’s opening statement (alleged comment on right to silence) was presumptively cured by the trial court’s instruction to disregard the entire opening statement. ¶11     … Read More