B. Selection process

State v. Edward Beck, 2010AP872-CR, District 4, 10/20/11 court of appeals decision (1-judge, not for publication); pro se; case activity Circuit court is under no obligation to seek extension of the § 809.30(2) limitation period for its ruling on a postconviction motion. ¶6        Beck reads too much into the 2001 amendment to Wis. Stat. § 809.30(2)(i).  The amendment simply added language… Read more

State v. Stephen R. Jones, 2011AP864-CR, District 3, 8/30/11 court of appeals decision (1-judge, not for publication; for Jones: Brian P. Dimmer; case activity) Failure to move to strike juror wasn’t deficient performance. Juror’s public support of election of the presiding judge and the district attorney (who was not herself prosecuting this case) didn’t establish a significant… Read more

MC Winston v. Boatwright, 7th Cir No. 10-1156, 8/19/11 seventh circuit court of appeals decision, denying habeas relief on review of unpublished decision in 2003AP3412 and 2005AP1255 Habeas – Jury Selection – Ineffective Assistance – Defense Counsel’s Discriminatory Use of Peremptories In a nutshell, this case presents the question whether the constitutional rights of the… Read more

On Point is very pleased to present this Guest Post discussion of State v. Funk and State v. Denson, by the Honorable Richard J. Sankovitz, Milwaukee County Circuit Court. Feel free to submit comments in the box at the end of the Post. Trial judges monitor the flurry of end-of-term Wisconsin Supreme Court decisions for new rules… Read more

State v. David D. Funk, 2011 WI 62, reversing unpublished summary disposition; for Funk: Michele Anne Tjader; case activity Juror Bias – Assessment, Generally A claim of juror bias relies requires proof of the two-step test articulated by State v. Wyss, 124 Wis. 2d 681, 726, 370 N.W.2d 745 (1985): “(1) that the juror incorrectly or incompletely responded… Read more

Felkner v. Steven Frank Jackson, USSC No. 10-797, 3/31/11 On habeas review under 28 U.S.C. § 2254, the court of appeals failed to give sufficient deference to the state court determination that the prosecutor had race-neutral reasons for striking 2 of 3 black prospective jurors. The prosecutor struck one juror because she had an MSW, and… Read more

7th circuit court of appeals decision Batson Challenge Scope of the remand inquiry for the government to proffer nonracial justification for striking a minority juror is limited to the original reason offered during voir dire, new post hoc justifications being inadmissible. Miller-El v. Dretke, 545 U.S. 231 (2005), discussed and followed: … Accordingly, Miller-El II… Read more