Erroneous Exercise of Discretion

By: WISCONSIN LAW JOURNAL STAFF//July 3, 2023

WI Court of Supreme Court

Case Name: State of Wisconsin v. Eric J. Debrow

Case No.: 2021AP001732-CR

Officials: Jill J. Karofsky, J.

Focus: Erroneous Exercise of Discretion

The Supreme Court reversed the court of appeals’ decision to overturn the Defendant’s conviction for second-degree sexual assault. The court held that the circuit court did not make an erroneous exercise of discretion in denying the Defendant’s motion for a mistrial.

The central question was whether the circuit court abused its discretion in denying the Defendant’s mistrial motion after a witness mentioned during his testimony that he “looked on CCAP.” CCAP refers to consolidated court automation programs, which provide public access to information about circuit court and appellate court cases. The Supreme Court upheld the Defendant’s conviction, concluding that the circuit court did not abuse its discretion in denying the mistrial motion.

The supreme court affirms the judgment of conviction.

Decided 06/23/23

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