On Point: d. Judge's relative

State v. Sharon A. Sellhausen, 2012 WI 5, reversing 2010 WI App 175; for Sellhausen: Byron C. Lichstein; case activity

The trial judge’s daughter-in-law was part of the jury pool; Sellhausen didn’t seek her removal for cause, but used a peremptory to strike her, which rendered harmless any possible error in the trial judge sua sponte failing to remove the juror for cause.

court of appeals decision; for Sellhausen: Byron C. Lichstein; case activity

Issues (formulated by On Point):

Whether a trial judge has a sua sponte duty to strike a prosepctive juror who is an in-law of the judge.

Whether defense counsel’s use of a peremptory strike to remove the judge’s in-law renders harmless any error in the judge’s failure to remove that juror.

See prior post for further discussion.

State v. Sharon A. Sellhausen, 2010 WI App 175, reversed, 2012 WI 5; for Sellhausen: Byron C. Lichstein; case activity

¶1        Sharon Sellhausen appeals her jury conviction based on the presence of the presiding judge’s daughter-in-law on the panel of potential jurors.  The daughter-in-law was not seated on the jury because Sellhausen’s trial counsel used a peremptory challenge to remove her.