On Point blog, page 10 of 10
Closing Argument — Failure to Move for Mistrial
State v. Dale H. Davidson, 2000 WI 91, 236 Wis. 2d 537, 613 N.W.2d 606, reversing State v. Davidson, 222 Wis. 2d 233, 589 N.W.2d 038
For Davidson: Jerome F. Buting & Pamela Moorshead
Issue: Whether objection to the prosecutor’s closing argument was waived by failing to move for mistrial.
Holding: Although Davidson objected to the closing argument, his failure to also move for mistrial waived the objection.
Issue-Preservation: Suppression of Evidence – Sufficiency of objection
State v. Lucian Agnello, 226 Wis.2d 164, 593 N.W.2d 427 (1999), reversing unpublished decision
For Agnello: Jerome F. Buting & Pamela Moorshead, Buting & Williams
Issue/Holding: On a motion to suppress statement, counsel’s bare relevancy objection to an inquiry into the statement’s truthfulness is held sufficient to preserve a Rogers v. Richmond/Jackson v. Denno objection. This holding is summed up by the following passages:
¶12 There is no question that Agnello’s objection was not as specific as it could have been.
Waiver of Issue: Jury Selection – Batson Objection, Timeliness: Prior to Jury’s Swearing
State v. Dennis Jones, 218 Wis. 2d 599, 581 N.W.2d 561 (Ct. App. 1998)
For Jones: Michael S. Holzman
Issue/Holding:
The State argues that Jones’s Batson objection, made after the jury was sworn, came too late. Jones responds that his objection was timely. We conclude that the defendant must make a Batson objection prior to the time the jury is sworn. If the objection is not made until after that time,