On Point blog, page 1 of 1
SCOW: trial judge’s in-chambers conversation with ailing juror wasn’t a critical stage of proceedings requiring the presence of defense counsel
State v. Robert Daris Spencer, 2022 WI 56, July 6, 2022, affirming in part and reversing in part an unpublished court of appeals decision; case activity (including briefs)
A majority of the supreme court holds that Spencer had no right to be personally present or even to have counsel present when the trial judge decided to dismiss a juror for cause just before deliberations began because the judge’s interaction with the juror wasn’t a critical stage of the proceedings.
SCOW will review trial judge’s ex parte removal of juror during trial
State v. Robert Daris Spencer, 2018AP942-CR, petition for review, and petition for cross review, of an unpublished court of appeals decision, both granted 8/13/21; case activity (including briefs)
Issues presented (composed by On Point from the PFR and cross PFR)
- Was the circuit court’s ex parte voir dire and removal of a juror during trial a structural error requiring automatic reversal, or is it subject to harmless error analysis?
- Did the circuit court improperly consider the race of the defendant and the witnesses in deciding to dismiss juror?
- Is a defendant entitled to a postconviction hearing on an ineffective assistance of counsel claim when the record conclusively shows the claim should be denied?
Voir dire questions by prosecutor that elicited promise to convict if elements were proven did not deny right to jury trial
State v. Frank M. Zdzieblowski, 2014 WI App 130; case activity
The prosecutor during voir dire elicited a promise from prospective jurors that they would convict if the State proved the elements of the charged crimes beyond a reasonable doubt, and then reminded the jurors of that promise in his rebuttal closing argument. The court of appeals holds the prosecutor’s unobjected-to voir dire questioning and rebuttal closing argument neither rose to the level of plain error nor warranted a new trial in the interest of justice.
Right to trial by impartial jury – seating of juror not actually summoned
State v. Jacob Turner, 2013 WI App 23; case activity
Addressing an unusual set of facts, the court of appeals holds Turner’s constitutional rights to an impartial jury and due process were not violated by the seating of a juror who had not been summoned for service and who did not disclose that to the court.
A summons for jury duty was sent to “John P.