25. Jury

Washington County v. Joseph Harvey Bingen, 2013AP1171, District 2, 2/5/14; court of appeals decision (1-judge; ineligible for publication); case activity The trial court didn’t erroneously exercise its discretion by denying Bingen’s request for additional voir dire of prospective jurors for his first-offense OWI trial. In particular, Bingen was not able to ask if any jurors had been… Read more

State v. Darryl J. Badzinski, 2014 WI 6, reversing unpublished court of appeals decision; case activity Badzinski was charged with sexually assaulting his niece, A.R.B., during a family gathering at the home of his parents. (¶¶8-9). A.R.B. testified the assault occurred in a specific room–the basement laundry room. (¶11). But there was also testimony from multiple defense witnesses… Read more

State v. Chase M.A. Boruch, 2013AP925-CR, District 3, 1/22/14; court of appeals decision (not recommended for publication); case activity While deliberating on the charge that Boruch killed his mother, the jury asked the judge for the “autopsy report.” (¶¶4, 8). The parties agreed to send back the preliminary and final reports done by Corliss, the state’s… Read more

State v. Michael T. Grant, 2013AP515-CR, District 2, 1/15/14; court of appeals decision (not recommended for publication); case activity Grant was on trial for two counts of sexual assault involving two different victims. (¶¶1, 4-6). During deliberations the jury advised the court it had reached a verdict on one count but could not agree on… Read more

State v. Eddie Lee Anthony, 2013AP467-CR, District 1, 1/14/14; court of appeals decision (not recommended for publication), petition for review granted 8/5/14, affirmed, 2015 WI 20; case activity Right to Testify The trial court held that Anthony, charged with first degree intentional homicide, forfeited his right to testify based on Anthony’s “incessant” refusal to accept… Read more

Review of unpublished court of appeals decision; case activity Issues (composed by On Point) Did the trial court err in instructing the jury that voluntary consumption of any drug precludes a finding of “mental defect” under § 971.15, where the defendant claimed he suffered from a temporary mental defect based in part on his use of a… Read more

State v. Mark K. Schrick, 2013AP1166-CR, District 4, 12/27/13 (1-judge decision, ineligible for publication); case activity Actually, this case concerns more than just dentures.  A jury convicted Schrick of operating a vehicle with a prohibited alcohol concentration in violation of §346.63(1)(b). On appeal, Schrick challenged (1) the trial court’s decision to deny his motion for… Read more