Michael Williams v. Michael Meisner, No. 23-3268, 6/16/25 In a case that likely signals the end of a long legal battle over a Wisconsin jury instruction telling jurors to “search for the truth,” the Seventh Circuit holds that the petitioner is not entitled to habeas relief. Readers will likely be familiar with the substance of… Read more
25. Jury
State v. Richard Leo Mathewson, 2022AP2124-CR, 6/17/25, District IV (not recommended for publication); case activity COA holds that prospective juror’s equivocal answers during voir dire regarding bias against defendant charged with sexual assault of a child is not sufficient to overcome presumption that juror is impartial. During voir dire for Richard Mathewson’s trial for repeated… Read more
State v. Nicholas J. Bergner, 2024AP1875, District I, 6/3/25 (one-judge decision; ineligible for publication); case activity The COA affirmed the circuit court’s order denying Nicolas Bergner’s postconviction motion for a new trial. Although the circuit court did not follow the procedure required by SCOW in Tucker for using a numbers-only jury selection process, to which… Read more
Leon Carter v. Lizzie Tiegels, No. 23-1266, 4/24/25 In a knotty habeas case, the complexities of habeas corpus law mean that Carter’s challenges to how COA handled his no-merit appeal and an underlying (and unique) claim of juror intrusion do not merit relief. During the jury deliberations at Carter’s trial, the jury passed a note… Read more
State v. Catherine E. Edwards, 2023AP1042-CR, 3/6/25, District IV (not recommended for publication); case activity Edwards’s appeal focuses on the definition of “lewd exhibition of intimate parts” and the state’s closing arguments as to child pornography. COA rejects Edwards’s arguments on appeal and affirms her convictions for possession of child pornography. The state charged Edwards… Read more
State v. David A. Schultz, 2022AP1622, 2/13/24, District III (not recommended for publication); case activity Schultz’s technical challenge to this OWI conviction fails, as COA finds sufficient evidence that the bar parking lot in which Schultz operated his motor vehicle was covered by the OWI statute. Schultz tried to leave the “Bull Pen Bar” and… Read more
City of Whitewater v. Douglas E. Kosch, 2022AP800, District II, 9/13/23, 1-judge decision ineligible for publication; case activity (including briefs) Although Kosch throws the kitchen sink at his OWI and refusal convictions, COA methodically works through his myriad challenges on a path toward affirmance. This OWI case begins with a 911 call from a motel… Read more
State v. Eric J. Debrow, 2023 WI 54, 6/23/23, reversing an unpublished court of appeals decision; case activity (including briefs) In yet another reversal of a defense win, SCOW defers to the circuit court’s decision denying a motion for mistrial but slightly muddies the waters as to the proper legal analysis when assessing mistrial claims… Read more
