State v. Robert A. Mendoza, 227 Wis.2d 838, 596 N.W.2d 736 (1999), reversing State v. Mendoza 220 Wis.2d 803, 584 N.W.2d 174 (Ct. App. 1998) For Mendoza: Michael K. Gould, SPD, Milwaukee Appellate Issue/Holding: Striking jurors (at state’s request) merely because they have criminal records is “an error of law,” ¶24. The court, however, goes on to review whether… Read more
2. Bias/disqualification
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State v. Edron D. Broomfield, 223 Wis.2d 465, 589 N.W.2d 225 (1999), affirming unpublished decision For Broomfield: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether Broomfield was denied fair trial because juror overheard, prior to trial, prejudicial extraneous information relating to Broomfield’s past misconduct. Holding: Exposure to extrinsic information implicates the rule against verdict-impeachment, R. 906.06(2). The… Read more
State v. Judith L. Kiernan, 227 Wis.2d 736, 596 N.W.2d 760 (1999), affirming State v. Kiernan, 221 Wis.2d 126, 584 N.W.2d 203 (Ct. App. 1998) For Kiernan: Chad A. Lanning, Dennis M. Melowski, Barry S. Cohen, S.C. Issue: Whether prospective jurors who had been part of a jury that two days earlier returned a verdict of guilty… Read more
State v. Edron D. Broomfield, 223 Wis.2d 465, 589 N.W.2d 225 (1999), affirming unpublished decision For Broomfield: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: One prospective juror heard, before trial, other prospective jurors describe Broomfield as a “gangster” who beat up kids and was involved in “drive-bys.” The juror was chosen for the petit jury; he… 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
State v. Carlos Delgado, 223 Wis.2d 270, 588 N.W.2d 1 (1999), reversing State v. Delgado, 215 Wis.2d 16, 572 N.W.2d 479 (Ct. App. 1997) For Delgado: Joseph E. Schubert Issue/Holding: The supreme court reverses Delgado’s child sexual assault convictions, because a juror’s misleading responses during voir dire indicate her inferred bias against Delgado. During voir dire, the juror… Read more
