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
2. Bias/disqualification
State v. Nikolas S. Czysz, 2010AP2804-CR, District 2/4, 12/1/11 court of appeals decision (not recommended for publication); for Czysz: Dianne M. Erickson; case activity The trial court properly exercised its discretion under State v. Gonzalez, 2008 WI App 142, 314 Wis. 2d 129, 758 N.W.2d 153, in dismissing a juror on the fourth day of trial after the… Read more
State v. Edward Beck, 2010AP872-CR, District 4, 10/20/11 court of appeals decision (1-judge, not for publication); pro se; case activity Circuit court is under no obligation to seek extension of the § 809.30(2) limitation period for its ruling on a postconviction motion. ¶6 Beck reads too much into the 2001 amendment to Wis. Stat. § 809.30(2)(i). The amendment simply added language… Read more
On Point is very pleased to present this Guest Post discussion of State v. Funk and State v. Denson, by the Honorable Richard J. Sankovitz, Milwaukee County Circuit Court. Feel free to submit comments in the box at the end of the Post. Trial judges monitor the flurry of end-of-term Wisconsin Supreme Court decisions for new rules… Read more
State v. David D. Funk, 2011 WI 62, reversing unpublished summary disposition; for Funk: Michele Anne Tjader; case activity Juror Bias – Assessment, Generally A claim of juror bias relies requires proof of the two-step test articulated by State v. Wyss, 124 Wis. 2d 681, 726, 370 N.W.2d 745 (1985): “(1) that the juror incorrectly or incompletely responded… Read more
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
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
State v. Mark H. Tody, 2009 WI 31, reversing unpublished opinion For Tody: Byron C. Lichstein, UW Law School Issue/Holding: ¶32 … The correct principle of law that should have guided the circuit court judge is that a circuit court judge should err on the side of dismissing a challenged juror when the challenged juror’s presence may… Read more
