By: Derek Hawkins//May 24, 2017//
WI Court of Appeals – District II
Case Name: State of Wisconsin v. Delante H. Higgenbottom
Case No.: 2016AP457-CR; 2016AP458-CR
Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.
Focus: Ineffective Assistance of Counsel – Mistrial
In these consolidated appeals, Delante D. Higgenbottom appeals from judgments convicting him of armed robbery as party to a crime (PTAC), felon in possession of a firearm, and carrying a concealed weapon. Higgenbottom argues the trial court erroneously exercised its discretion in denying (1) his motion for a mistrial after the jury heard certain DNA-related evidence and (2) his postconviction motion for a new trial based on the denial of the mistrial motion and on his claim of ineffective assistance of trial counsel. We reject his contentions and affirm.