State v. Sharon A. Sellhausen, 2012 WI 5
Wisconsin supreme court decision, reversing 2010 WI App 175; for Sellhausen: Byron C. Lichstein; case activity
Juror Bias / Disqualification – Waiver of Issue: Use of Peremptory to Remove Juror
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. State v. Lindell, 2001 WI 108, 245 Wis. 2d 689, 629 N.W.2d 223, deemed controlling; State v. Tody, 2009 WI 31, 316 Wis. 2d 689, 764 N.W.2d 737, distinguished:
¶7 We conclude that the present case is governed by State v. Lindell.[6] We conclude that because the defendant exercised a peremptory strike to remove the circuit court judge’s daughter-in-law from the jury, and because the defendant does not claim the jury was unfair or partial, a new trial is not required under the circumstances of the present case.[7] The defendant has not shown that the presence of the challenged juror in the pool of potential jurors affected the defendant’s substantial rights. Accordingly, we reverse the decision of the court of appeals ordering a new trial.
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