State v. Dale L. Smith, 2006 WI 74, affirming unpublished decision For Smith: Allison Ritter Issue/Holding: ¶16 The sole question we must address on appeal is whether Smith was denied the right to an impartial jury by the circuit court’s refusal to strikeCharlotte for cause. Smith argues that Charlotte should have been disqualified as objectively biased because… Read more
B. Selection process
State v. George Melvin Taylor, 2004 WI App 81, PFR filed 4/13/04 For Taylor: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: ¶18. Accordingly, we must now turn to the Batson challenge itself. Our supreme court has adopted the Batson principles and analysis. State v. Lamon, 2003 WI 78, ¶22, 262 Wis. 2d 747, 664 N.W.2d 607 (citing State v. Davidson, 166 Wis. 2d 35… Read more
State v. Sherrie S. Tucker, 2003 WI 12, on certification For Tucker: Paul LaZotte, SPD, Madison Appellate Issue/Holding: ¶4. We hold that in accordance with the standard articulated in Britt, if a circuit court restricts any juror information, the court must make an individualized determination that the jury needs protection and take reasonable precautions to minimize any… Read more
State v. Nancy R. Lamon, 2003 WI 78, affirming unpublished decision of court of appeals, affirmed on habeas review, Lamon v. Boatwright, 7th Cir No. 05-4018, 11/8/06 For Lamon: Timothy A. Provis Issue/Holding: A trial judge is not required to make detailed findings in ruling on a Batson issue, ¶76. Issue/Holding: That a prospective juror’s last name “is a well-known criminal name” in the… Read more
State v. Bernell Ross, 2003 WI App 27, PFR filed 2/21/03 For Ross: Andrew Mishlove Issue/Holding: ¶15. In a challenge to a Batson ruling, we review the trial court’s determination as to whether the State had a discriminatory intent as a finding of historical fact, which we shall not disturb unless clearly erroneous. State v. Gregory, 2001 WI… Read more
State v. Howard C. Carter, 2002 WI App 55 For Howard: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: Although review of a trial court’s determination of subjective (non-)bias of a prospective juror is generally deferential, here review is independent “because this is one of those rare situations where the prospective juror’s unambiguous response, rather than his… Read more
State v. Garren G. Gribble, 2001 WI App 227 For Gribble: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether the trial court erred in questioning prospective jurors outside the presence of defendant and counsel, on “hardship and infirmity requests” not to serve. Holding: Questioning jurors about undue hardships “does not implicate the purposes of voir… Read more
State v. Edward A. Murillo, 2001 WI App 11, 240 Wis. 2d 666, 623 N.W.2d 187, habeas relief granted on other grds., Edward A. Murillo v. Frank, No. 04-2202, 4/1/05 For Murillo: Craig Albee Issue: Whether the trial court erroneously exercised discretion by referring to jurors by number rather than name. Holding: Because of sufficient evidence of gang involvement… Read more
