State v. Kiese
Annotate this CaseJason Kiese was found guilty by the family court of one count of harassment. After the trial, the family court denied Kiese's motion to stay his sentence pending appeal. The intermediate court of appeals (ICA) affirmed the judgment of conviction and concluded that the family court's denial of Kiese's stay was erroneous but moot. The Supreme Court upheld the conviction and, because Kiese had already served his probationary sentence, affirmed the ICA's judgment on appeal, holding (1) the ICA correctly held that there was sufficient evidence to sustain Kiese's harassment conviction; (2) the ICA erred in not addressing the family court's failure to stay Keise's sentence pending appeal based on the mootness doctrine because the public interest exception to the mootness doctrine applied; and (3) the family court erred by denying Kiese a stay of his petty misdemeanor sentence pending appeal because Kiese, as a petty misdemeanant on bail, was entitled to a continuance of bail as a matter of right pending appellate review, and the family court was without jurisdiction to execute Kiese's sentence.
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