≡ Menu

41. Trial Procedures

Continuance — General

State v. David S. Leighton, 2000 WI App 156, 237 Wis.2d 709, 616 N.W.2d 126 For Leighton: Daniel Snyder Issue: Whether the trial court erroneously exercised discretion in denying a continuance based on assertions that lead counsel wanted to obtain assistance of another attorney in trying the case, and also was having difficulty locating certain… Read more

{ 0 comments }

Defendant’s Presence — jury selection.

State v. Larry D. Harris, 229 Wis.2d 832, 601 N.W.2d 682 (Ct. App. 1999). For Harris: William S. Coleman, SPD, Milwaukee Appellate. Issue: Whether defendant’s rights to presence and counsel were violated by their absence from at least part of voir dire. Holding: Defendant has both a nonwaivable statutory right to presence, and also a… Read more

{ 0 comments }

Defendant’s presence – civil proceeding.

City of Fond du Lac v. Scott R. Kaehne, 229 Wis.2d 323, 599 N.W.2d 870 (Ct. App. 1999). Holding: In civil action (here, OWI 1st), appearance of defendant may be made by letter, rather than in person, therefore time limit for demanding jury trial began running when defendant sent letter to court stating intent to… Read more

{ 0 comments }

Defendant’s presence — dismissal of juror for cause — waiver.

State v. Audrey A. Edmunds, 229 Wis. 2d 67, 598 N.W.2d 290 (Ct. App. 1999). For Edmunds: Dean A. Strang. Holding: Edmunds is held to have waived her right to be present when the parties and the court discussed dismissal of a juror for cause. The dismissal is upheld, where the juror conveyed opinions about… Read more

{ 0 comments }
RSS