STATE v. MILLER

No. 2009AP3175-CR.

797 N.W.2d 528 (2011)

2011 WI App 34

STATE of Wisconsin, Plaintiff-Respondent, v. Jason L. MILLER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed February 1, 2011.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Shelley M. Fite , assistant state public defender, Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of J.B. Van Hollen , attorney general and Michael C. Sanders , assistant attorney general.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.


BRUNNER, J.

¶ 1 Jason Miller appeals from a judgment of conviction for delivering cocaine as a repeater, and an order denying his motion for postconviction relief. He seeks a new trial on the ground that the circuit court failed to consider the necessity of requiring Miller to wear a stun belt under his civilian clothing. We conclude that a circuit court need not consider the necessity of a restraint that is not visible to the jury. Because the record supports...

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