Categories
2. Elements 24. Jury 45. WI Court of Appeals 6. Read as a whole 9. Crimes B. Chs. 343-346: Traffic offense C. Unpublished Opinions F. Instructions

Standard OWI jury instruction sufficiently conveyed meaning of “impaired”

State v. Kari E. Mravik, 2018AP2300-CR, District 4, 8/29/19 (one-judge decision; ineligible for publication); case activity (including briefs) At her OWI 2d trial, Mravik asked the judge to modify Wis. J.I.—Criminal 2663’s definition of “under the influence of an intoxicant.” The trial judge declined. The court of appeals finds no error because the instruction as a […]
Source: WI Public Defenders – On Point
Standard OWI jury instruction sufficiently conveyed meaning of “impaired”

Categories
11. Defense Wins 24. Jury 3. Batson issues 45. WI Court of Appeals B. Selection process C. Unpublished Opinions Important Posts

Defense wrestles State into conceding Batson error, but doesn’t get new trial

State v. Patrick D. Zolliecoffer, 2018AP1639-CR, 8/20/19, District 1 (not recommended for publication); case activity (including briefs) Zolliecoffer challenged two of the State’s peremptory strikes as racially based. On appeal, the State conceded that the circuit court failed to apply the 3-step procedure for analyzing Batson claims, which On Point recently explained here.  Zolliecoffer urged […]
Source: WI Public Defenders – On Point
Defense wrestles State into conceding Batson error, but doesn’t get new trial

Categories
24. Jury 3. Batson issues 45. WI Court of Appeals B. Published opinions B. Selection process Important Posts Published 2019

Court of appeals approves striking black jurors due to their prior bad experiences with police

State v. Malcolm J. Sanders, 2018AP1310-CR, 8/7/19, District 2 (recommended for publication); case activity (including briefs) Sanders is black, and the DA struck the only black jurors from serving on his case because, even though they said they could be fair, they had had prior bad experiences with police, including being the subjects of racial […]
Source: WI Public Defenders – On Point
Court of appeals approves striking black jurors due to their prior bad experiences with police

Categories
2. Bias/disqualification 24. Jury 45. WI Court of Appeals B. Selection process c. Extraneous info. C. Unpublished Opinions

COA: No error in prosecutor’s telling jury about .02 PAC

State v. John E. Paul, 2018AP1496, 7/11/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Paul had three prior OWIs and was on trial for a fourth, plus the associated PAC charge. During voir dire, the prosecutor told the jury that the other thing is the prohibited alcohol concentration in this particular […]
Source: WI Public Defenders – On Point
COA: No error in prosecutor’s telling jury about .02 PAC

Categories
11. Defense Wins 24. Jury 45. WI Court of Appeals 5. Impeachment of C. Unpublished Opinions Important Posts J. Verdicts Uncategorized

Defense wins postconviction evidentiary hearing on impeachment of jury verdict

State v. Marwan Mahajni, 2017AP1184-CR, 6/27/19, District 1 (not recommended for publication); case activity (including briefs) Mahajni moved for a new trial because, during deliberations in his case, the bailiff told the jury that they could not deadlock. They had to reach a unanimous verdict of guilty or not guilty. The circuit court denied Mahajni’s […]
Source: WI Public Defenders – On Point
Defense wins postconviction evidentiary hearing on impeachment of jury verdict

Categories
24. Jury 3. Batson issues 43. SCOTUS B. Opinions B. Selection process Important Posts OT 18

SCOTUS maintains Batson; DA’s history of striking black jurors matters

Flowers v. Mississippi, USSC No. 17-9572, 2019 WL 2552489, June 21, 2019, reversing Flowers v. State, 240 So. 3d 1082 (Miss. 2017); Scotusblog page (includes links to briefs and commentary) The Court reverses Curtis Flowers’ conviction and death sentence and orders a seventh new trial on the ground that the district attorney at his sixth trial […]
Source: WI Public Defenders – On Point
SCOTUS maintains Batson; DA’s history of striking black jurors matters

Categories
1. Appeals 1. Curative Instruction 15. Evidence 24. Jury 26. Sufficiency of evidence 3. Prejudice, 904.03 4. Character, 904.04 45. WI Court of Appeals 5. Evidence 9. Crimes C. Unpublished Opinions D. Ch. 940: Against life/body D. Relevance, Ch. 904 F. Instructions K. Standards of Review

Admission of other acts evidence and sufficiency of evidence for homicide conviction affirmed

State v. Alberto E. Rivera, 2018AP952-CR, 4/30, District 1 (not recommended for publication); case activity (including briefs). The State charged Rivera with a homicide and an attempted homicide that occurred in 2015. Before trial, it moved to introduce “other acts” evidence–a homicide that Rivera committed in 1997. The trial court tentatively denied the motion. But […]
Source: WI Public Defenders – On Point
Admission of other acts evidence and sufficiency of evidence for homicide conviction affirmed

Categories
24. Jury 3. Batson issues 45. WI Court of Appeals 5. Peremptory challenge 6. Number/composition of jury B. Selection process C. Unpublished Opinions

Court of appeals rejects jury pool and Batson challenges

State v. Michael Exhavier Dunn, 2018AP783-CR, 4/30/19, District 1 (not recommended for publication); case activity (including briefs). The lead issues in this appeal are whether the jury pool for Dunn’s trial represented a fair cross section of the community and whether Dunn was denied equal protection when the DA struck 2 of the 3 African-Americans […]
Source: WI Public Defenders – On Point
Court of appeals rejects jury pool and Batson challenges

Categories
2. Prejudice 24. Jury 45. WI Court of Appeals 8. Counsel, 6th Am. b. Prejudice not found C. Unpublished Opinions D. Ineffective Assistance I. Questions by jurors

No IAC prejudice for not telling jury ID of mysterious “Victoria”

State v. John P. Bougneit, 2018AP74, 10/24/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) A jury convicted Bougneit of fourth-degree sexual assault; he allegedly nonconsensually fondled an 18-year-old woman under a blanket while he, the woman, and his wife were watching a movie together at their house. The wife testified for […]
Source: WI Public Defenders – On Point
No IAC prejudice for not telling jury ID of mysterious “Victoria”

Categories
1. Deficient performance 2. Prejudice 24. Jury 45. WI Court of Appeals 5. IAC and interests of justice 8. Counsel, 6th Am. b. Not found b. Prejudice not found C. Unpublished Opinions D. Ineffective Assistance F. Instructions

Counsel not ineffective in handling of lesser-includeds, theory of defense in homicide trial

State v. Keith J. Brooks, 2017AP1723-CR, 9/25/18, District 1 (not recommended for publication); case activity (including briefs) Brooks was tried for first-degree intentional homicide. The jury acquitted him of that but convicted of the lesser-included first-degree reckless. He argues his trial lawyers were ineffective because they pursued a strategy that would have let the jury […]
Source: WI Public Defenders – On Point
Counsel not ineffective in handling of lesser-includeds, theory of defense in homicide trial