On Point blog, page 1 of 1
Defense win! Court of appeals remands ineffective assistance of counsel claims for Machner hearing
State v. Ronald Lee. Gilbert, 2016AP1852-CR, 6/26/18, District 1 (not recommended for publication); case activity (including briefs)
Congratulations to Quarles & Brady, which took this appeal pro bono, for scoring a defense win! Gilbert, who was convicted trafficking a child and related crimes, argued that his trial counsel was ineffective for failing to (1) challenge the admission of cellular phone data testimony, (2) demand discovery before trial, (3) impeach the State’s star witnesses with prior inconsistent statements, and (4) strike a biased juror. Gilbert further alleged that his trial counsel made improper statements during his closing. The court of appeals granted a Machner hearing on all claims except the one regarding juror bias.
Juror Bias – Assessment, Generally / Child Sexual Assault
State v. David D. Funk, 2011 WI 62, reversing unpublished summary disposition; for Funk: Michele Anne Tjader; case activity
Juror Bias – Assessment, Generally
A claim of juror bias relies requires proof of the two-step test articulated by State v. Wyss, 124 Wis. 2d 681, 726, 370 N.W.2d 745 (1985): “(1) that the juror incorrectly or incompletely responded to a material question on voir dire;