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
B. Selection process
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State v. Edron D. Broomfield, 223 Wis.2d 465, 589 N.W.2d 225 (1999), affirming unpublished decision For Broomfield: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether Broomfield was denied fair trial because juror overheard, prior to trial,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State v. Edron D. Broomfield, 223 Wis.2d 465, 589 N.W.2d 225 (1999), affirming unpublished decision For Broomfield: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: One prospective juror heard, before trial, other prospective jurors describe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. Dennis Jones, 218 Wis. 2d 599, 581 N.W.2d 561 (Ct. App. 1998) For Jones: Michael S. Holzman Issue/Holding: The State argues that Jones’s Batson objection, made after the jury was sworn, came too late. Jones responds that his objection was timely. We conclude that the defendant must make a Batson objection prior to… 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
