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Criminal Procedure – mistrials — opening statements

Wisconsin Court of Appeals


Criminal Procedure – mistrials — opening statements

William Zanotti appeals from a judgment of conviction of attempted armed robbery and four counts of armed robbery, all as a party to the crime. He argues that he should have been granted a mistrial after the prosecutor summarized in the opening statement evidence to be elicited from a co-defendant and then the co-defendant refused to testify. He also argues that he is entitled to a new trial because some members of the jury may have seen him in shackles as the jury returned to courtroom during deliberations. We reject both arguments and affirm the judgment. This opinion will not be published.

2011AP1289-CR State v. Zanotti

Dist II, Kenosha County, Warren, J., Per Curiam

Attorneys: For Appellant: Wasielewski, John T., Milwaukee; For Respondent: Zapf, Robert D., Kenosha; St. John, Rebecca Rapp, Madison

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