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2. Bias/disqualification

State v. John E. Paul, 2018AP1496, 7/11/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Paul had three prior OWIs and was on trial for a fourth, plus the associated PAC charge. During voir dire, the prosecutor told the jury that the other thing is the prohibited alcohol concentration in this particular… Read More

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Sheboygan County DHHS v. K.N.L., 2017AP2413, District 2, 8/22/18 (one-judge decision; ineligible for publication); case activity K.N.L. asserts a prospective juror (“Juror J.”) was biased and so the circuit court erred in declining to strike her for cause. Applying Wisconsin’s case law governing jury bias (summarized at ¶¶13-16), the court of appeals affirms the circuit court’s conclusion… Read More

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State v. Ronald Lee. Gilbert, 2016AP1852-CR, 6/26/18, District 1 (not recommended for publication); case activity (including briefs) Congratulations to Quarles & Brady, which took this appeal pro bono, for scoring a defense win! Gilbert, who was convicted trafficking a child and related crimes, argued that his trial counsel was ineffective for failing to (1) challenge… Read More

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State v. Brad L. Conger, 2017AP860-CR, 10/18/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Brad Conger went on trial for an OWI and the associated PAC. His defense was an “alcohol curve” theory that the breath tests result did not reflect his true BAC at the time he was driving. His… Read More

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Read this new opinion from the District of Columbia Court of Appeals.  It reversed a trial court decision to strike a potential juror for cause because she expressed a belief that the criminal justice system is biased against black men. According to the court of appeals, our justice system is biased, and jurors having this belief… Read More

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State v. Jeffrey P. Lepsch, 2017 WI 27, 3/31/17, affirming a per curiam court of appeals opinion, case activity (including briefs) This appeal primarily concerns whether trial counsel was ineffective for failing to: (a) object to the seating of biased jurors, and (b) ensure that the trial court properly administered the oath to the venire panel… Read More

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Miguel Angel Peña-Rodriguez v. Colorado, USSC No. 15-606, 2017 WL 855760 (March 6, 2017), reversing Peña-Rodriguez v. People, 350 P.3d 287 (Colo. 2015); Scotusblog page Every state and federal jurisdiction has some version of the “no-impeachment rule,” which, after a verdict is received, bars an aggrieved party from presenting testimony by jurors regarding the jury’s… Read More

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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

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