Criminal Procedure — juror bias

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — juror bias

Nikolas Czysz appeals a judgment of conviction for two counts of first-degree intentional homicide while armed with a dangerous weapon. Czysz contends he is entitled to a new trial because the circuit court erred when it dismissed a juror on the fourth day of trial after the court learned that two of the juror’s sons had been prosecuted by another prosecutor from the same district attorney’s office prosecuting Czysz. We reject Czysz’s argument because we conclude the circuit court properly exercised its discretion under State v. Gonzalez, 2008 WI App 142, 314 Wis. 2d 129, 758 N.W.2d 153. Accordingly, we affirm the judgment of conviction. Not recommended for publication in the official reports.

2010AP2804-CR State v. Czysz

Dist II, Racine County, Flancher, J., Vergeront, J.

Attorneys: For Appellant: Erickson, Dianne M., Milwaukee; For Respondent: Kassel, Jeffrey J., Madison; Nieskes, Michael E., Racine