STATE v. SEEFELDT

No. 01-1969-CR.

256 Wis.2d 410 (2002)

2002 WI App 149

647 N.W.2d 894

STATE of Wisconsin, Plaintiff-Respondent, v. Brian D. SEEFELDT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 22, 2002.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Donald T. Lang, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Michael R. Klos, assistant attorney general.

Before Brown, Anderson and Snyder, JJ.


¶ 1. BROWN, J.

The constitutional protection against double jeopardy includes a defendant's cherished right to have his or her trial completed by the jury that was sworn. A limited exception to this right is recognized only when the government can demonstrate a manifest necessity for seeking a mistrial. In this case, the trial court granted the State's request for a mistrial on the ground that defense counsel's reference to a witness's outstanding warrants violated...

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