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1. Curative Instruction

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State v. Robert L. Brinson, 2010AP001819-CR, District 1, 5/10/11 court of appeals decision (3-judge, not recommended for publication); for Brinson: Paul Bugenhagen, Jr.; case activity Cautionary instruction cured any potential prejudice from revelation of prior record.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State v. Lea B. Kolner, 2010AP1233-CR, District 3, 11/2/10 court of appeals decision (1-judge, not for publication); for Kolner: R. Michael Waterman; BiC; Resp.; Reply Curative Instruction Any impropriety in the prosecutor’s opening statement (alleged comment on right to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