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
B. Selection process
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
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
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State v. Edron D. Broomfield, 223 Wis.2d 465, 589 N.W.2d 225 (1999), affirming unpublished decision For Broomfield: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether Broomfield was denied fair trial because juror overheard, prior to trial,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State v. Edron D. Broomfield, 223 Wis.2d 465, 589 N.W.2d 225 (1999), affirming unpublished decision For Broomfield: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: One prospective juror heard, before trial, other prospective jurors describe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
