2. Bias/disqualification

Scattershot attack on conviction for criminal damage to property and armed robbery misses marks

April 2, 2015

State v. Clifton Robinson, 2014AP1575-CR, 3/31/15, District 1 (not recommended for publication); click here for briefs and docket The court of appeals here rejects a barrage of challenges to Robinson’s conviction for criminal damage to property and armed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, […]

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Voir dire panel “untainted” despite deputy/juror’s assertion that State had enough evidence to convict defendant

March 22, 2015

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 […]

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SCOTUS: Rule 606(b) bars jurors’ testimony about information that wasn’t revealed during voir dire

December 10, 2014

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 […]

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SCOW affirms convictions of praying parents

July 9, 2013

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 […]

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Right to trial by impartial jury – seating of juror not actually summoned

March 11, 2013

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 […]

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Newly discovered evidence; Juror bias

December 27, 2012

State v. Daniel Ryan Curry, 2012AP515-CR, District 1, 12/27/12 Court of appeals decision (not recommended for publication); case activity Newly discovered evidence Defendant not entitled to new trial based on potentially exculpatory testimony of two witnesses, because the witnesses were known to him before trial. The two witnesses were the […]

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State v. Demone Alexander, 2011AP394-CR, WSC review granted 11/14/12

November 15, 2012

on review of unpublished decision; case activity Issues (composed by On Point)  1. Whether the non-waivable nature of the defendant’s right to personal presence at voir dire, citing, § 971.04(1)(c); State v. Harris, 229 Wis. 2d 832, 839, 601 N.W.2d 682 (Ct. App. 1999), extends to examination of a juror for possible dismissal following selection and swearing-in. 2. Whether […]

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Virgil Hall, III v. Zenk, 7th Cir No. 11-3911, 8/29/12

August 31, 2012

seventh circuit decision Habeas – Jury Exposure to Extraneous Information  Subsequent to trial, Hall discovered that a juror’s son was a fellow inmate of Hall who initially told the juror that Hall was likely innocent, but later indicated that he “and several co-inmates had changed their mind about Hall and thought him […]

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State v. Demone Alexander, 2011AP394-CR, District 1, 5/8/12, WSC rev granted 11/14/12

May 8, 2012

court of appeals decision (not recommended for publication), supreme court review granted 11/14/12; for Alexander: Hans P. Koesser; case activity Juror Selection / Dismissal – Right to Personal Presence  A defendant has a non-waivable right to personal presence at voir dire, ¶6 (citing, § 971.04(1)(c); and, State v. Harris, 229 Wis. 2d 832, […]

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Juror Bias / Disqualification – Waiver of Issue: Use of Peremptory to Remove Juror

February 1, 2012

State v. Sharon A. Sellhausen, 2012 WI 5, reversing 2010 WI App 175; for Sellhausen: Byron C. Lichstein; case activity The trial judge’s daughter-in-law was part of the jury pool; Sellhausen didn’t seek her removal for cause, but used a peremptory to strike her, which rendered harmless any possible error in the trial […]

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