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Motor Vehicles – OWI — prosecutorial overreach — mistrials

By: WISCONSIN LAW JOURNAL STAFF//March 6, 2014//

Motor Vehicles – OWI — prosecutorial overreach — mistrials

By: WISCONSIN LAW JOURNAL STAFF//March 6, 2014//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — prosecutorial overreach — mistrials

The State of Wisconsin appeals a judgment of the circuit court dismissing with prejudice the State’s action against Nancy Wall. The court dismissed with prejudice on the basis that the prosecutor had engaged in prosecutorial overreaching during the prosecutor’s opening statement. Under the applicable test, we need not resolve whether the record supports the circuit court’s view that the prosecutor intentionally violated a pretrial order because we conclude the record does not support a finding that the prosecutor intended to provoke a mistrial in order to harass Wall or prompt a new trial at a future date. Therefore, we reverse the judgment of dismissal. Not recommended for publication in the official reports.

2013AP787-CR State v. Wall

Dist IV, La Crosse County, Levine, J., Sherman, J.

Attorneys: For Appellant: Gruenke, Tim, La Crosse; Sanders, Michael C., Madison; Xiong, Amesia Ngialah, La Crosse; For Respondent: Moses, Faun M., Madison

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