Court Error – Motion for Mistrial

Listen to this article

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Valentin R. Sanchez

Case No.: 2015AP1753-CR

Officials: Stark, P.J., Hruz and Seidl, JJ

Focus: Court Error – Motion for Mistrial

Valentin Sanchez appeals a judgment convicting him of three counts of first-degree sexual assault of a child under the age of twelve. Sanchez first argues the circuit court violated his right to present a defense and erroneously exercised its discretion by denying his motion to admit evidence of the child-victim’s alternative basis for her knowledge of the type of sexual contact alleged in the complaint. Second, he contends the court again erroneously exercised its discretion in denying his motion for a mistrial when one of his witnesses testified on cross-examination that Sanchez was incarcerated prior to trial. Finally, Sanchez asserts he is entitled to a new trial in the interests of justice. We conclude the circuit court properly exercised its discretion with regard to the first two issues and a new trial in the interest of justice is not warranted. We therefore affirm the judgment

Full Text

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.