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Court Error – Denial of Mistrial

By: Derek Hawkins//December 14, 2016//

Court Error – Denial of Mistrial

By: Derek Hawkins//December 14, 2016//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Joshua P. Braithwaite

Case No.: 2016AP80-CR

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Court Error – Denial of Mistrial

A jury found Joshua P. Braithwaite guilty of the murder, sexual assault, and kidnapping of 20-year-old L.Z. Braithwaite appeals his conviction on the grounds that the trial court erroneously exercised its discretion when it denied his motion for a mistrial after Braithwaite’s probation agent revealed to the jury Braithwaite’s prior adjudication for a sexual offense. As we conclude that the trial court properly exercised its discretion in denying Braithwaite a mistrial, we affirm

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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