2009AP1463-CR State v. Knapp

Listen to this article

Evidence
Prior convictions

David Knapp appeals a judgment of conviction for operating while intoxicated, third offense, entered upon a jury verdict, and an order denying his motion for mistrial. Knapp moved for a mistrial after the jury heard inadmissible testimony suggestive of a prior conviction. Knapp argues that the trial court misused its discretion in denying his motion for a mistrial because it applied the wrong legal standard in deciding the motion, and because the underlying defect in the proceedings was prejudicial to him. Knapp is correct that the trial court failed to apply the proper standard to the mistrial motion. Nonetheless, we conclude that the court did not err in denying his motion for a mistrial because the inadmissible testimony suggesting Knapp had a prior conviction was not sufficiently prejudicial to warrant a new trial. We therefore affirm. This opinion will not be published.

2009AP1463-CR State v. Knapp

Dist IV, Grant County, Curry, J., Higginbotham, J.

Attorneys: For Appellant: Helmke, David M., Lancaster; For Respondent: Weber, Gregory M., Madison; Riniker, Lisa A., Lancaster

Full Text