Criminal Procedure — pre-Miranda silence

By: WISCONSIN LAW JOURNAL STAFF//November 1, 2011//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — pre-Miranda silence

Frank Plum appeals a judgment of conviction for operating while intoxicated, third offense. He asserts the circuit court erred by failing to grant a mistrial after the State improperly commented on his pre-Miranda silence at trial. We conclude that any error was harmless and affirm. This opinion will not be published.

2011AP956-CR State v. Plum

Dist III, Taylor County, Tlusty, J., Cane, J.

Attorneys: For Appellant: Askins, Martha K., Madison; For Respondent: Weber, Gregory M., Madison; Kelz, Karl J., Medford

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