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
c. Extraneous info.
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
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 guilty.” The (Indiana) state court ruled… Read More
State v. Edron D. Broomfield, 223 Wis.2d 465, 589 N.W.2d 225 (1999), affirming unpublished decision For Broomfield: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether Broomfield was denied fair trial because juror overheard, prior to trial, prejudicial extraneous information relating to Broomfield’s past misconduct. Holding: Exposure to extrinsic information implicates the rule against verdict-impeachment, R. 906.06(2). The… Read More
State v. Judith L. Kiernan, 227 Wis.2d 736, 596 N.W.2d 760 (1999), affirming State v. Kiernan, 221 Wis.2d 126, 584 N.W.2d 203 (Ct. App. 1998) For Kiernan: Chad A. Lanning, Dennis M. Melowski, Barry S. Cohen, S.C. Issue: Whether prospective jurors who had been part of a jury that two days earlier returned a verdict of guilty… Read More