On Point blog, page 18 of 18
Appellate Procedure – Harmless Error – Jury Selection – Disqualified (Non-English Speaking) Juror
State v. Michael W. Carlson, 2001 WI App 296
For Carlson: Steven L. Miller
Issue/Holding: Erroneous impaneling of a juror who, because he could not understand English, should not have been seated, wasn’t harmless beyond a reasonable doubt.
¶46. The harmless error rule adopted last term by this court in State v. Harvey, 2002 WI 93, 254 Wis. 2d 442,
Guilty Pleas – Suppression Appeal (§ 971.31(10)) – Harmless Error Analysis
State v. Jerome G. Semrau, 2000 WI App 54, 233 Wis. 2d 508, 608 N.W.2d 376
For Semrau: John D. Lubarsky, SPD, Madison Appellate
Issue: Whether (assumed) erroneous refusal to suppress evidence was harmless on appeal following guilty plea, under Wis. Stat. § 971.31(10).
Holding: Strength of admissible evidence, apart from unsuppressed evidence, placed Semrau in “significant risk of conviction,” so that there was no reasonable probability that the suppression ruling caused him to plead guilty,
Appellate Procedure – Harmless Error – Suppression issue – Guilty Plea
State v. Tonnie D. Armstrong, 223 Wis.2d 331, 588 N.W.2d 606 (1999), reconsideration denied, 225 Wis.2d 121, 591 N.W.2d 604 (1999)
For Armstrong: Steven A. Koch and Seymour, Kremer, Nommensen, Morrissy & Koch
Issue/Holding: Armstrong pleaded guilty, with suppression issues (admissibility of oral statements) preserved as matter of law under Wis. Stat. § 971.31(10). The supreme court holds that the trial court’s refusal to order suppression was error,