State v. Theodore Oswald, 2000 WI App 2, 232 Wis.2d 62, 606 N.W.2d 207 For Oswald: Jerome F. Buting, Kathleen B. Stilling Issue: Whether prospective jurors’ expressions of predetermined guilt established either objective or subjective bias. Holding: Applying a mixed standard of review, the court discerns no bias, in that the strength of these opinions changed during… Read more
b. Doubtful fairness
State v. James E. Erickson, 227 Wis.2d 758, 596 N.W.2d 749 (1999), on certification For Erickson: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: Though a juror gave a seemingly hedged answer (“I think so”) to whether she’d be fair and impartial, the trial court’s refusal to strike for cause is upheld given appellate deference to trial-level determination… Read more
State v. Vance Ferron, 219 Wis.2d 481, 579 N.W.2d 654 (1998), affirming, as modified, 214 Wis. 2d 268, 570 N.W.2d 883 (Ct. App. 1997) For Ferron: Jane Krueger Smith Issue: Whether a prospective juror’s equivocations during voir dire required that he be struck for cause. Holding: The trial court erred in refusing to strike for cause a… Read more
