Who wants to preserve a really provocative issue at their next trial? The Unconstitutionality of Criminal Jury Selection, by Brittany Dietch, a Harvard Law fellow, argues that because the Sixth Amendment grants this right personally to the defendant and the Supreme Court has construed this right as intending to protect the defendant from governmental overreach… Read more
B. Selection process
State v. Brad L. Conger, 2017AP860-CR, 10/18/17, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Brad Conger went on trial for an OWI and the associated PAC. His defense was an “alcohol curve” theory that the breath tests result did not reflect his true BAC at the time he was driving. His… Read more
Read this new opinion from the District of Columbia Court of Appeals. It reversed a trial court decision to strike a potential juror for cause because she expressed a belief that the criminal justice system is biased against black men. According to the court of appeals, our justice system is biased, and jurors having this belief… Read more
State v. Jeffrey P. Lepsch, 2017 WI 27, 3/31/17, affirming a per curiam court of appeals opinion, case activity (including briefs) This appeal primarily concerns whether trial counsel was ineffective for failing to: (a) object to the seating of biased jurors, and (b) ensure that the trial court properly administered the oath to the venire panel… Read more
Miguel Angel Peña-Rodriguez v. Colorado, USSC No. 15-606, 2017 WL 855760 (March 6, 2017), reversing Peña-Rodriguez v. People, 350 P.3d 287 (Colo. 2015); Scotusblog page Every state and federal jurisdiction has some version of the “no-impeachment rule,” which, after a verdict is received, bars an aggrieved party from presenting testimony by jurors regarding the jury’s… Read more
Foster v. Chatman, USSC No. 14-8349, 2016 WL 2945233 (May 23, 2016); reversing an unpublished order of the Supreme Court of Georgia; Scotusblog page (includes links to briefs and commentary) Timothy Foster, who is black, was convicted of murder and sentenced to death by an all-white jury. Long after his conviction, his attorneys obtained documents from… Read more
State v. Jeffrey P. Lepsch, 2015AP2813-CR, petition for review granted 5/11/16; case activity (including briefs) Issues (composed by On Point) Were one or more jurors at Lepsch’s trial objectively or subjectively biased because they did not provide “unequivocal assurances” that they could set aside prior beliefs (about, e.g., the guilt of the defendant and the… Read more
Racine County Human Services Dep’t v. L.H., 2015AP1872, 3/23/16, District 2 (1-judge opinion; ineligible for publication); case activity During the fact-finding stage of L.H.’s TPR trial, counsel (1) failed to object to evidence that L.H’.s child, C.M., had bonded with his foster parents; (2) failed to object to an inaccurate 5/6ths verdict instruction; and (3) and… Read more
