State v. Jason K. Van Buren, 2008 WI App 26, PFR filed 1/23/08 For Van Buren: Waring R. Fincke Issue/Holding: Counsel’s failure to request a specific unanimity instruction with respect to juror agreement on which of the identified pictures was both harmful and shown to the victim was not prejudicial: ¶22 We reject this claim… Read more
25. Jury
State v. David A. Dearborn, 2008 WI App 131, affirmed, 2010 WI 84, ¶2 n. 3 For Dearborn: Eileen A. Hirsch, SPD, Madison Appellate Issue/Holding: Unanimity is not required on whether the defendant “resisted” or “obstructed” a warden on a charge of violating § 29.951, ¶¶21-42. All the rest is commentary. (Translated: the court undertakes a… Read more
State v. Sherry L. Schultz, 2007 WI App 257; prior history: State v. Scott R. Jensen, 2004 WI App 89, affirmed, 2005 WI 31 For Schultz: Stephen L. Morgan, Jennifer M. Krueger Issue/Holding: Jury instructions on the elements of duty and intent under § 946.12(3) created mandatory conclusive presumptions: ¶10 Schultz contends that the following… Read more
State v. William Troy Ford, 2007 WI 138, affirming unpublished decision For Ford: Ralph J. Sczygelski Issue/Holding: Belated discovery of the bailiff’s involvement in the charged offense as a possible witness did not, under the circumstances, cause sufficient prejudice to require mistrial: ¶57 In the present case, Wolfgram was unaware of his involvement in the case until the… Read more
State v. Dale L. Smith, 2006 WI 74, affirming unpublished decision For Smith: Allison Ritter Issue/Holding: ¶16 The sole question we must address on appeal is whether Smith was denied the right to an impartial jury by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
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
