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
B. Selection process
State v. Nancy R. Lamon, 2003 WI 78, affirming unpublished decision of court of appeals, affirmed on habeas review, Lamon v. Boatwright, 7th Cir No. 05-4018, 11/8/06 For Lamon: Timothy A. Provis Issue/Holding: A trial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
State v. Calvin Gregory, 2001 WI App 107, PFR filed 5/10/01 For Gregory: Meredith Ross, LAIP, UW Law School Issue1: Whether defendant was entitled to a Batson hearing on the prosecutor’s articulated reasons for striking the lone African-American juror. Holding1: The prosecutor’s asserted reasons — concerns about juror’s truthfulness; close proximity of juror’s residence to alleged scene of… Read more
State v. George S. Tulley, 2001 WI App 236 For Tulley: Patrick M. Donnelly Issue: Whether excluding defendant and his attorney from in camera voir dire of several jurors was reversible error. Holding: A defendant has both constitutional and statutory rights to be present, with assistance of counsel, at voir dire, and the trial court therefore erred… Read more
