Motion for Mistrial-Postconviction Relief

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Edward Herman McKay

Case No.: 2021AP002166-CR

Officials: White, C.J., Donald, P.J., and Dugan, J.

Focus: Motion for Mistrial-Postconviction Relief

This case arises out of J.S.’s report to the police that, while standing in his front yard, a man approached him and stole two necklaces from him on June 8, 2018. In the course of investigating a different theft, the police developed McKay as a suspect. J.S. identified McKay in a photo identification array. The police further obtained surveillance video footage of the theft from a neighbor’s video camera.

McKay appeals from the judgment, entered upon a jury’s verdict, for one count of theft from a person. He argues that the circuit court erred when it denied his motion for mistrial. The circuit court demonstrated appropriate reasoning based on the facts and circumstances of the case when it denied McKay’s motion for mistrial. McKay also appeals the circuit court’s decision to deny his post conviction motion without a hearing based on his allegation that his trial counsel was ineffective. Because the record conclusively demonstrates that McKay’s ineffective assistance of counsel claim fails, the circuit court acted within its discretion to deny his motion for postconviction relief without a hearing. Finally, he argues that he should be granted a new trial in the interest of justice. In this case, the appeals court was unable to state why this case is exceptional and concluded that the controversy was fully tried.

Affirmed.

Decided 08/22/23

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