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Criminal Procedure — voluntary intoxication defense — prosecutorial misconduct — harmless error
By: WISCONSIN LAW JOURNAL STAFF//September 24, 2014//
Criminal Procedure — voluntary intoxication defense — prosecutorial misconduct — harmless error
By: WISCONSIN LAW JOURNAL STAFF//September 24, 2014//
Listen to this articleWisconsin Court of Appeals
Criminal
Criminal Procedure — voluntary intoxication defense — prosecutorial misconduct — harmless error
Jacob Mayer appeals his convictions for criminal damage to property and attempted burglary. Mayer argues that the court erred in refusing to give a voluntary intoxication instruction given the facts presented at his jury trial. Mayer also argues “plain error” occurred when the prosecutor engaged in unprofessional conduct. We affirm Mayer’s convictions. While the prosecutor’s comments during closing arguments were unprofessional and improper, and warrant review by the Office of Lawyer Regulation, both the comments and the court’s refusal to give the voluntary intoxication instruction were harmless as to their effect upon Mayer. Not recommended for publication in the official reports.
Dist II, Racine County, Torhorst, J., Reilly, J.
Attorneys: For Appellant: Pinix, Matthew S., Milwaukee; For Respondent: Kassel, Jeffrey J., Madison; Chiapete, W. Richard, Racine
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