[Download] "State V. Thurmond" by State of Wisconsin in Court of Appeals District I ~ eBook PDF Kindle ePub Free
eBook details
- Title: State V. Thurmond
- Author : State of Wisconsin in Court of Appeals District I
- Release Date : January 03, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
¶1. Vaughn Thurmond*fn1 appeals the judgment convicting him of second-degree sexual assault, and kidnapping as a habitual criminal, contrary to Wis. Stat. §§ 940.225(2)(a), 940.31(1)(b), and 939.62 (2001-02).*fn2 Thurmond argues that the trial court erroneously exercised its discretion by failing to declare a mistrial after the jury indicated it was deadlocked. He also claims that the trial court erred when, after learning that the jurors believed they were deadlocked and reading them a supplementary instruction urging them to resolve the case, it granted the State's request to instruct the jury on two lesser-included offenses. Because Thurmond never moved for a mistrial, he has waived the right to raise this issue. However, we are satisfied that, under the specific facts of this case, giving the jury post-summation lesser-included offense instructions resulted in unfair prejudice to Thurmond. Consequently, we reverse.
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