By: WISCONSIN LAW JOURNAL STAFF//July 25, 2012//
By: WISCONSIN LAW JOURNAL STAFF//July 25, 2012//
Wisconsin Court of Appeals
Criminal
Criminal Procedure – mistrials — opening statements
William Zanotti appeals from a judgment of conviction of attempted armed robbery and four counts of armed robbery, all as a party to the crime. He argues that he should have been granted a mistrial after the prosecutor summarized in the opening statement evidence to be elicited from a co-defendant and then the co-defendant refused to testify. He also argues that he is entitled to a new trial because some members of the jury may have seen him in shackles as the jury returned to courtroom during deliberations. We reject both arguments and affirm the judgment. This opinion will not be published.
2011AP1289-CR State v. Zanotti
Dist II, Kenosha County, Warren, J., Per Curiam
Attorneys: For Appellant: Wasielewski, John T., Milwaukee; For Respondent: Zapf, Robert D., Kenosha; St. John, Rebecca Rapp, Madison