On Point: 3. Batson issues

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,

State v. Nancy R. Lamon, 2003 WI 78, affirming unpublished decision of court of appeals, affirmed on habeas review, Lamon v. Boatwright, 7th Cir No. 05-4018, 11/8/06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 locality,

State v. Bernell Ross, 2003 WI App 27, PFR filed 2/21/03
For Ross: Andrew Mishlove

Issue/Holding:

¶15. In a challenge to a Batson ruling, we review the trial court’s determination as to whether the State had a discriminatory intent as a finding of historical fact, which we shall not disturb unless clearly erroneous. State v. Gregory,

State v. Calvin Gregory, 2001 WI App 107, PFR filed 5/10/01
For Gregory: Meredith Ross, LAIP, UW Law School

Issue1: Whether defendant was entitled to a Batson hearing on the prosecutor’s articulated reasons for striking the lone African-American juror.

Holding1: The prosecutor’s asserted reasons — concerns about juror’s truthfulness; close proximity of juror’s residence to alleged scene of crime; juror’s own and family member’s involvement with criminal justice system —

State v. Dennis Jones, 218 Wis. 2d 599, 581 N.W.2d 561 (Ct. App. 1998)
For Jones: Michael S. Holzman

Issue/Holding:

The State argues that Jones’s Batson objection, made after the jury was sworn, came too late. Jones responds that his objection was timely. We conclude that the defendant must make a Batson objection prior to the time the jury is sworn. If the objection is not made until after that time,