(DOWNLOAD) "State v. Kraemer" by State of Wisconsin in Court of Appeals District III ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Kraemer
- Author : State of Wisconsin in Court of Appeals District III
- Release Date : January 17, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
1 John Kraemer appeals a judgment convicting him of two counts of second-degree sexual assault of a child, contrary to WIS. STAT.§ 948.02(2). He argues the circuit court erroneously exercised its discretion when it denied his motion for a mistrial after the prosecutor asked questions related to his post-arrest silence. Alternatively, he argues he is entitled to a new trial in the interest of justice because the error prevented the true controversy from being tried. We conclude the prosecutors questioning was harmless error and, therefore, the circuit court properly denied Kraemers motion for a mistrial. We also conclude the interest of justice does not compel a new trial. Therefore, we affirm the judgment.