On Point blog, page 30 of 30
Jury – Selection – Bias / Disqualification — Doubtful Fairness: Equivocal Expression
State v. Vance Ferron, 219 Wis.2d 481, 579 N.W.2d 654 (1998), affirming, as modified, 214 Wis. 2d 268, 570 N.W.2d 883 (Ct. App. 1997)
For Ferron: Jane Krueger Smith
Issue: Whether a prospective juror’s equivocations during voir dire required that he be struck for cause.
Holding: The trial court erred in refusing to strike for cause a potential juror who acknowledged only that he “probably” could set aside his opinion that a truly innocent defendant would testify.
Jury – Bias / Disqualification – Inaccurate / Incomplete Response During Voir Dire
State v. Carlos Delgado, 223 Wis.2d 270, 588 N.W.2d 1 (1999), reversing State v. Delgado, 215 Wis.2d 16, 572 N.W.2d 479 (Ct. App. 1997)
For Delgado: Joseph E. Schubert
Issue/Holding: The supreme court reverses Delgado’s child sexual assault convictions, because a juror’s misleading responses during voir dire indicate her inferred bias against Delgado. During voir dire, the juror failed despite ample opportunity to disclose that she had herself been the victim of a sexual assault as a child.
§ 943.10, Burglary (Entry with Intent to Commit Felony) — Unanimity as to Intended Felony not Required
State v. Gordon Hammer, 216 Wis. 2d 214, 576 N.W.2d 285 (Ct. App 1997)
For Hammer: Charles W. Jones, Jr.
Issue: Whether juror unanimity is required for burglary, as to which felony was intended during the unlawful entry.
Holding:
In addressing Hammer’s unanimity claim, we engage in a two-step process. We must first determine whether this statute creates only one offense with multiple modes of commission or,