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State v. David D. Funk, 2008AP2765-CR, Wis SCt Rev Granted 9/24/10

decision below:  unpublished summary disposition; for Funk: Michele Anne Tjader

Issue (from Table of Pending Cases):

Whether a juror was subjectively and/or objectively biased under the test set forth in State v. Delgado, 223 Wis. 2d 270, 588 N.W.2d 1 (1999).

Briefs, appellate decision, petition for review: none is posted, so you can’t readily tell what the case is about. CCAP indicates that this is a sexual assault case and that the judge granted new trial because a juror failed to reveal on voir dire she’d been a sexual assault victim herself. But whatever else you might say about the legal significance of the issue, you can say with certainty that the case is before the supreme court on State’s petition to review summary affirmance of the relief granted by the trial court — which means the case is review-worthy by definition.

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