Abuse of Discretion – Evidentiary Ruling

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jamie L. Nicolai

Case No.: 2018AP2155-CR; 2018AP2156-CR

Officials: Brash, P.J., Donald and White, JJ.

Focus: Abuse of Discretion – Evidentiary Ruling

Jamie L. Nicolai, pro se, appeals from judgments of conviction, following a jury trial, of one count of second-degree recklessly endangering safety, one count of substantial battery intending bodily harm with the use of a dangerous weapon, one count of disorderly conduct, and one count of felony bail jumping.

we conclude that Nicolai is not entitled to a new trial in the interest of justice. This court may in its discretion set aside a verdict and order a new trial in the interests of justice where “it appears from the record that the real controversy has not been fully tried, or that it is probable that justice has for any reason miscarried[.]” See WIS. STAT. § 752.35. We agree with the State that “Nicolai has failed to demonstrate that the [trial] court erred in its evidentiary rulings, there is no articulated argument that justice has been miscarried, and the controversy was fully tried here, leading to unanimous guilty verdicts for all charges.”

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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.