2010AP1544-CR State v. Numrich

Listen to this article

Motor Vehicles
OWI; mistrials; prosecutorial misconduct

Richard K. Numrich appeals his conviction for operating a motor vehicle with a prohibited alcohol content (fourth offense), contrary to Wis. Stat. § 346.63(1)(b) and operating while intoxicated contrary to § 346.63(1)(a). Numrich claims that the trial court improperly denied his motion for a mistrial based on inappropriate comments made by the prosecutor. Alternatively, he claims that a new trial is warranted based on the combined prejudicial effect of several improper remarks by the prosecutor. We hold that although the prosecutor’s statements were inappropriate, the trial court acted within its discretion in refusing to grant a mistrial, and a new trial is unnecessary. We affirm. This opinion will not be published in the official reports.

2010AP1544-CR State v. Numrich

Dist II, Fond du Lac County, Nuss, J., Brown, C.J.

Attorneys: For Appellant: Lanning, Chad A., West Bend; For Respondent: Weber, Gregory M., Madison; Kaminsky, Daniel, Fond du Lac

Full Text