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5. Peremptory challenge

State v. Michael Exhavier Dunn, 2018AP783-CR, 4/30/19, District 1 (not recommended for publication); case activity (including briefs). The lead issues in this appeal are whether the jury pool for Dunn’s trial represented a fair cross section of the community and whether Dunn was denied equal protection when the DA struck 2 of the 3 African-Americans… 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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Racine County Human Services Dep’t v. L.H., 2015AP1872, 3/23/16, District 2 (1-judge opinion; ineligible for publication); case activity During the fact-finding stage of L.H.’s TPR trial, counsel (1) failed to object to evidence that L.H’.s child, C.M., had bonded with his foster parents; (2) failed to object to an inaccurate 5/6ths verdict instruction; and (3) and… Read More

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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

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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 judge sua sponte failing to… Read More

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court of appeals decision; for Sellhausen: Byron C. Lichstein; case activity Issues (formulated by On Point): Whether a trial judge has a sua sponte duty to strike a prosepctive juror who is an in-law of the judge. Whether defense counsel’s use of a peremptory strike to remove the judge’s in-law renders harmless any error in the… Read More

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State v. Sharon A. Sellhausen, 2010 WI App 175, reversed, 2012 WI 5; for Sellhausen: Byron C. Lichstein; case activity ¶1        Sharon Sellhausen appeals her jury conviction based on the presence of the presiding judge’s daughter-in-law on the panel of potential jurors.  The daughter-in-law was not seated on the jury because Sellhausen’s… Read More

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