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2. Bias/disqualification

SCOW to review juror bias issues

State v. Jeffrey P. Lepsch, 2015AP2813-CR, petition for review granted 5/11/16; case activity (including briefs) Issues (composed by On Point) Were one or more jurors at Lepsch's trial objectively or subjectively biased because they did not provide "unequivocal assurances" that they could set aside prior beliefs (about, e.g., the guilt of the defendant and the… Read More

State v. Todd Brian Tobatto, 2016 WI App 28; case activity (including briefs) The news, in this otherwise run-of-the-mill case, is the standard of review. Tobatto raises an ineffective assistance claim rooted in trial counsel's failure to strike a juror for bias. The judge who heard the postconviction motion was not the judge who ran the trial… Read More

Can courtroom prejudice be proved?

The Marshall Project offers an interesting analysis of Foster v. Chatman, a case that SCOTUS on Monday. Hopefully, the decision will give defense lawyers betters tools for proving that the prosecution engaged in racial discrimination during jury selection. Click here for the Marshall Project's analysis. And here is SCOTUSblog's report on the actual argument… Read More

State v. Clifton Robinson, 2014AP1575-CR, 3/31/15, District 1 (not recommended for publication); click here for briefs and docket The court of appeals here rejects a barrage of challenges to Robinson's conviction for criminal damage to property and armed robbery with use of force--everything from a Batson challenge, to severance issues, to the sufficiency of evidence… Read More

State v. Dawn M. Hackel, 2014AP1765-CR, District 4, 3/19/15 (one-judge decision; ineligible for publication); case activity (including briefs) During voir dire at an OWI trial, a sheriff's deputy/prospective juror said he had arrested drunk drivers, testified in drunk driving cases, and said that based on his professional training and occupation the State had sufficient evince to convict… Read More

Warger v. Shauers, USSC No. 13-517, 2014 WL 6885952 (December 9, 2014), affirming Warger v. Shauers, 721 F.3d 606 (8th Cir. 2013); Scotusblog page (includes links to briefs and commentary) Resolving an issue that had split some federal circuit courts, the Supreme Court unanimously holds that Federal Rule of Evidence 606(b) precludes a party seeking a… Read More

State v. Neumann, 2011AP1044 and 2011AP1105, on certification from the court of appeals; case activity; majority opinion by C.J. Abrahamson. In a 94-page decision, including a lone dissent by Justice Prosser, the Supreme Court of Wisconsin has affirmed the 2nd degree reckless homicide convictions of Dale and Leilani Neumann for the death of their 11-year… Read More

State v. Jacob Turner, 2013 WI App 23;  case activity Addressing an unusual set of facts, the court of appeals holds Turner’s constitutional rights to an impartial jury and due process were not violated by the seating of a juror who had not been summoned for service and who did not disclose that to the… Read More