Criminal Procedure — mistrials; defendant’s custodial status

By: WISCONSIN LAW JOURNAL STAFF//September 27, 2011//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — mistrials; defendant’s custodial status

Bradley Sexton appeals a judgment of conviction for operating while intoxicated, sixth offense, and operating after revocation. He also appeals an order denying postconviction relief. Sexton asserts the circuit court erred by refusing to grant a mistrial after a prospective juror revealed Sexton’s custodial status to the jury panel and the court failed to give a curative instruction. Sexton also contends the court should have granted a mistrial because the State shifted the burden of proof by improperly commenting on Sexton’s failure to tell police he was not the driver. We affirm. This opinion will not be published.

2010AP2054-CR State v. Sexton

Dist III, Shawano County, Habeck, J., Per Curiam

Attorneys: For Appellant: Sczygelski, Ralph, Manitowoc; For Respondent: Wellman, Sally L., Madison; Parker, Gregory A., Shawano

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