Criminal Procedure — juror bias

By: WISCONSIN LAW JOURNAL STAFF//July 29, 2014//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — juror bias

Gerald Blasczyk appeals a judgment of conviction, entered upon a jury verdict, for operating while intoxicated with 10 or more previous offenses. Blasczyk advances several arguments on appeal, among them that he is entitled to a new trial because the primary witness in his defense verbally and physically confronted a juror outside the courtroom during a recess before deliberations commenced. We agree with Blasczyk that the encounter caused prejudicial extraneous information to be brought to the jury’s attention. We therefore reverse and remand for a new trial on the OWI charge. This opinion will not be published.

2013AP2061-CR State v. Blasczyk

Dist III, Outagamie County, McGinnis, J., Per Curiam

Attorneys: For Appellant: Miller, Steven L., River Falls; For Respondent: Moeller, Marguerite M., Madison; Schneider, Carrie A., Appleton

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