Court Error – Abuse of Discretion

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Kieuta Z. Perry, Jr.,

Case No.: 2019AP270-CR

Officials: Dugan, Fitzpatrick and Donald, JJ.

Focus: Court Error – Abuse of Discretion

Kieuta Z. Perry, Jr. appeals a judgment of conviction, following a jury trial, for armed robbery and first-degree recklessly endangering safety, both as a party to a crime. See WIS. STAT. §§ 943.32(2), 941.30(1), and 939.05 (2017-18). 1 At trial, Perry requested that the trial court grant a mistrial after a witness made a statement, unprompted, concerning a prior act allegedly committed by Perry. The trial court denied Perry’s motion. On appeal, Perry contends that the trial court erroneously exercised its discretion in denying his mistrial motion. Perry asks this court to reverse the trial court’s ruling on his motion for a mistrial and his judgment of conviction, and to remand this matter for a new trial. We conclude that Perry has failed to show that the trial court erroneously exercised its discretion. Therefore, we affirm Perry’s conviction.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.