State v. Mark H. Tody, 2009 WI 31, reversing unpublished opinion For Tody: Byron C. Lichstein, UW Law School Issue/Holding: ¶32 … The correct principle of law that should have guided the circuit court judge is that a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
2. Bias/disqualification
State v. Dale L. Smith, 2006 WI 74, affirming unpublished decision For Smith: Allison Ritter Issue/Holding: ¶16 The sole question we must address on appeal is whether Smith was denied the right to an impartial jury by the circuit court’s refusal to strikeCharlotte for cause. Smith argues that Charlotte should have been disqualified as objectively biased because… Read more
State v. Howard C. Carter, 2002 WI App 55 For Howard: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: Although review of a trial court’s determination of subjective (non-)bias of a prospective juror is generally deferential, here review is independent “because this is one of those rare situations where the prospective juror’s unambiguous response, rather than his… Read more
State v. Scot A. Czarnecki, 2000 WI App 155, 237 Wis.2d 794, 615 N.W.2d 672 For Czarnecki: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether the trial court should have granted the defense motion to remove a prospective juror who acknowledged believing that police officers would be more credible than other witnesses. Holding: Juror bias is reviewed… Read more
State v. James H. Oswald, 2000 WI App 3, 232 Wis.2d 103, 606 N.W.2d 238 For Oswald: James L. Fullin, Jr., SPD, Madison Appellate Issue: Whether an equivocal declaration of impartiality by a prospective juror is enough to establish subjective bias, given a trial court’s finding to the contrary. Holding: The issue of a prospective juror’s subjective… Read more
State v. Nathaniel A. Lindell, 2000 WI App 180, 238 Wis.2d 422, 617 N.W.2d 500, affirmed on other grounds, State v. Nathaniel A. Lindell, 2001 WI 108 For Lindell: Russell L. Hanson; Timothy J. Gaskell Issue: Whether the prospective juror’s allowing, “I think I could” make a fair determination, established subjective bias. Holding: The trial court’s ruling of no… Read more
State v. Marquis O. Gilliam, 2000 WI App 152, 238 Wis.2d 1, 615 N.W.2d 660 For Gilliam: Robert B. Rondini Issue: Whether the trial court’s denial of a motion to remove a juror based on subjective bias was clearly erroneous. Holding: The issue of a juror’s subjective bias is reviewed deferentially to the trial court’s resolution. Though… Read more
State v. Jimmie R.R., 2000 WI App 5, 232 Wis.2d 138, 606 N.W.2d 196 For Jimmie R.R.: Martha K. Askins, SPD, Madison Appellate Issue: Whether the trial court erred in refusing to strike for cause a potential juror who was equivocal on his ability to be fair. Holding: The trial court did not err in finding no… Read more
