2012AP22-CR State v. Khatib

2011AP1289-CR State v. Zanotti

2011AP2349-CR & 2011AP2854-CR State v. Thorstad

2011AP343-CR State v. Thorud

2011AP2659-CR State v. Rodebaugh

2010AP2454-CR State v. Brooks

Motor Vehicles OWI; mistrials; prosecutorial misconduct

Evidence Relevance; prejudice; mistrials

Criminal Procedure Mistrials; impartial jurors An encounter between a juror and an associate of the defendant during a lunch break is not grounds for a mistrial. “Moore’s argument that a mistrial was necessary because the jury was compromised must fail because there is no sign of an adverse impact in the record. At the time of the lunchtime incident Moore’s ...

Criminal Procedure Double jeopardy; mistrials Where the prosecutor asked a question that elicited an answer that was not admissible, the district court should have held a hearing to inquire into the prosecutor’s motivation in asking the question. “The district court reached its conclusion that the government had not intended to cause a mistrial without holding an evidentiary hearing, relying instead ...