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
B. Selection process
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. 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
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
State v. Larry D. Harris, 229 Wis.2d 832, 601 N.W.2d 682 (Ct. App. 1999). For Harris: William S. Coleman, SPD, Milwaukee Appellate. Issue: Whether defendant’s rights to presence and counsel were violated by their absence from at least part of voir dire. Holding: Defendant has both a nonwaivable statutory right to presence, and also a… Read more
State v. Audrey A. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999). For Edmunds: Dean A. Strang. Holding: Edmunds is held to have waived her right to be present when the parties and the court discussed dismissal of a juror for cause. The dismissal is upheld, where the juror conveyed opinions about… Read more
