On Point: 25. Jury

Michael Williams v. Michael Meisner, No. 23-3268, 6/16/25

In a case that likely signals the end of a long legal battle over a Wisconsin jury instruction telling jurors to “search for the truth,” the Seventh Circuit holds that the petitioner is not entitled to habeas relief.

State v. Richard Leo Mathewson, 2022AP2124-CR, 6/17/25, District IV (not recommended for publication); case activity

COA holds that prospective juror’s equivocal answers during voir dire regarding bias against defendant charged with sexual assault of a child is not sufficient to overcome presumption that juror is impartial.

State v. Nicholas J. Bergner, 2024AP1875, District I, 6/3/25 (one-judge decision; ineligible for publication); case activity

The COA affirmed the circuit court’s order denying Nicolas Bergner’s postconviction motion for a new trial.  Although the circuit court did not follow the procedure required by SCOW in Tucker for using a numbers-only jury selection process, to which trial counsel did not object, Bergner was not prejudiced.

Leon Carter v. Lizzie Tiegels, No. 23-1266, 4/24/25

In a knotty habeas case, the complexities of habeas corpus law mean that Carter’s challenges to how COA handled his no-merit appeal and an underlying (and unique) claim of juror intrusion do not merit relief.

State v. Catherine E. Edwards, 2023AP1042-CR, 3/6/25, District IV (not recommended for publication); case activity

Edwards’s appeal focuses on the definition of “lewd exhibition of intimate parts” and the state’s closing arguments as to child pornography. COA rejects Edwards’s arguments on appeal and affirms her convictions for possession of child pornography.

State v. David A. Schultz, 2022AP1622, 2/13/24, District III (not recommended for publication); case activity

Schultz’s technical challenge to this OWI conviction fails, as COA finds sufficient evidence that the bar parking lot in which Schultz operated his motor vehicle was covered by the OWI statute.

City of Whitewater v. Douglas E. Kosch, 2022AP800, District II, 9/13/23, 1-judge decision ineligible for publication; case activity (including briefs)

Although Kosch throws the kitchen sink at his OWI and refusal convictions, COA methodically works through his myriad challenges on a path toward affirmance.

State v. Eric J. Debrow, 2023 WI 54, 6/23/23, reversing an unpublished court of appeals decision; case activity (including briefs)

In yet another reversal of a defense win, SCOW defers to the circuit court’s decision denying a motion for mistrial but slightly muddies the waters as to the proper legal analysis when assessing mistrial claims on appeal.

State v. Conrad M. Mader, 2022AP382-CR, District 2, 6/7/23 (recommended for publication); case activity (including briefs)

Mader was convicted of repeated sexual assault of his stepdaughter. He argues his trial lawyer was ineffective in numerous ways. The court of appeals agrees trial counsel performed deficiently in three respects, but holds trial counsel’s mistakes weren’t prejudicial and therefore Mader isn’t entitled to a new trial.

State v. Heather L. Westrich, 2022AP2001-CR, District 4, 05/25/23 (one-judge opinion, not eligible for publication); case activity (including briefs)

In State v. Lindell, 2001 WI 108, ¶¶42-43, 245 Wis. 2d 689, 629 N.W.2d 223, the court held a prospective juror to be objectively biased because she knew the victim for 20 years, her parents knew the victim for about 47 years, and she described the victim as a “close friend.” Apparently, a friend “back in the day” isn’t a close friend and doesn’t render a juror objectively biased. (Op., ¶¶14-15).