Criminal Procedure — ineffective assistance — juror contamination

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance — juror contamination

Jerry Ehrett appeals a judgment convicting him of child abuse, recklessly causing great harm. He also appeals an order denying his postconviction motion in which he argued that he was denied his right to trial by an impartial jury and his trial counsel was ineffective for failing to move for a mistrial after the circuit court learned that two jurors looked up Ehrett on the internet and discussed what they found in the presence of other jurors. The circuit court denied the motion without a hearing, finding that no juror was tainted by extraneous information and that the jurors were credible and sincere when they said they could disregard any extraneous conversation about the defendant. Ehrett argues that the jurors’ assurances deserve no weight and that one of the jurors committed perjury. Because we conclude that the allegations in Ehrett’s motion are based on speculation and lack sufficient detail to show ineffective assistance of counsel or grounds for a mistrial, we affirm the judgment and order.

2013AP2190-CR State v. Jerry W. Ehrett

DISTRICT IV, Dane County, WILLIAM E. HANRAHAN, Judge

Attorneys: For Appellant: Schoenfeldt, Mark A. For Respondent: Balistreri, Thomas J., Moeser, Matthew

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