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STATE v. MILLS

No. 81-1378.

107 Wis.2d 368 (1982)

320 N.W.2d 38

STATE of Wisconsin, Plaintiff-Respondent, v. Ernest Lavelle MILLS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 27, 1982.

Attorney(s) appearing for the Case

For the appellant there were briefs by Donald T. Lang, assistant state public defender, of Milwaukee.

For the respondent there was a brief by Bronson C. La Follette, attorney general, and Jerome S. Schmidt, assistant attorney general.

Before Foley, P.J., Dean and Cane, JJ.

FOLEY, P.J.

Ernest Lavelle Mills appeals from an order denying his motion for a new trial. He claims that he was denied the effective assistance of counsel when the court began its instruction of the jury before Mills' attorney arrived at the courtroom. The state concedes that the court erred in not waiting for Mills' attorney, but argues that the error was harmless. Because we conclude that the harmless error rule may be extended to include this limited denial of...

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