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H. Deliberations

Of reasonable inferences and fearful jurors

State v. Isiah O. Smith, 2015AP1645-CR, 11/15/16, District 1 (not recommended for publication); case activity (including briefs) Two guys walk into an apartment complex and leave a short time later. One carried a gun and a cell phone; the other a cell phone. They got into a car belonging to a friend of the guy… Read More

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Dietz v. Bouldin, USSC No. 15-458, 2016WL3189528 (June 9, 2016), affirming Dietz v. Bouldin, 794 F.3d 1093 (9th Cir. 2015); SCOTUSblog page (includes links to briefs and commentary) In a 6-2 decision, SCOTUS holds that a federal district court has limited inherent authority to rescind a jury discharge and to recall the jury for further… Read More

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Question presented: Whether, after a judge has discharged a jury from service in a case and the jurors have left the judge’s presence, the judge may recall the jurors for further service in the same case. Lower court decision: Dietz v. Bouldin, 794 F.3d 1093 (9th Cir. 2015) Docket Scotusblog page The federal circuit courts… Read More

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State v. Vaughn Caruth Gilmer, 2014AP1873-CR, District 1, 8/18/15 (not recommended for publication); case activity (including briefs) The circuit court properly exercised its discretion in allowing the deliberating jury to have a bag of marijuana that had been admitted into evidence because it aided the jury in assessing the credibility of the witnesses’ testimony. When… Read More

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State v. Aaron Schaffhausen, 2014AP2370-CR, District 3, 7/14/15 (not recommended for publication); case activity (including briefs) It was error for the circuit court to tell jurors at the mental-responsibility phase of Schaffhausen’s NGI trial that they would decide whether a defense psychiatrist and psychologist were qualified as expert witnesses, but the error was harmless. In addition, the circuit court… Read More

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State v. Chase M.A. Boruch, 2013AP925-CR, District 3, 1/22/14; court of appeals decision (not recommended for publication); case activity While deliberating on the charge that Boruch killed his mother, the jury asked the judge for the “autopsy report.” (¶¶4, 8). The parties agreed to send back the preliminary and final reports done by Corliss, the state’s… Read More

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State v. Michael T. Grant, 2013AP515-CR, District 2, 1/15/14; court of appeals decision (not recommended for publication); case activity Grant was on trial for two counts of sexual assault involving two different victims. (¶¶1, 4-6). During deliberations the jury advised the court it had reached a verdict on one count but could not agree on… Read More

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State v. Steven A. Avery, 2011 WI App 124 (recommended for publication); for Avery: Martha K. Askins, Suzanne L. Hagopian, SPD, Madison Appellate; case activity Search Warrant – Execution – Reasonableness  Warrant-based search of Avery’s property was a reasonable continuation of the original search 3 days earlier. General statement: ¶18      Generally, searches are subject to the… Read More

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