State v. Jason K. Van Buren, 2008 WI App 26, PFR filed 1/23/08 For Van Buren: Waring R. Fincke Issue/Holding: Counsel’s failure to request a specific unanimity instruction with respect to juror agreement on which of the identified pictures was both harmful and shown to the victim was not prejudicial: ¶22 We reject this claim… Read more
10. Unanimity
State v. David A. Dearborn, 2008 WI App 131, affirmed, 2010 WI 84, ¶2 n. 3 For Dearborn: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Unanimity is not required on whether the defendant “resisted” or “obstructed” a warden on a charge of violating § 29.951, ¶¶21-42. All the rest is commentary. (Translated: the court undertakes a… Read more
State v. William G. Johnson, 2001 WI 52, 243 Wis. 2d 365, 627 N.W.2d 455 For Johnson: Martha K. Askins, SPD, Madison Appellate Issue: Whether § 948.025 (repeated sexual assault of a child) violates the rights to due process and unanimous verdict by not requiring unanimity that each predicate act occurred. Holding: Unanimity is required on the… Read more
State v. Gordon Hammer, 216 Wis. 2d 214, 576 N.W.2d 285 (Ct. App 1997) For Hammer: Charles W. Jones, Jr. Issue: Whether juror unanimity is required for burglary, as to which felony was intended during the unlawful entry. Holding: In addressing Hammer’s unanimity claim, we engage in a two-step process. We must first determine whether… Read more
