2010AP1258-CR State v. Marquez

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Criminal Procedure
Peremptory challenges; equal protection

Juan J. Marquez appeals from a judgment of conviction for two counts of first-degree sexual assault of a child under the age of 13. Wis. Stat. § 948.02(1)(e) (2005-06). Marquez argues that the circuit court failed to properly instruct the jury, and that we should, therefore, exercise our discretionary power to reverse the judgment of conviction. He also argues that the State engaged in purposeful discrimination when it used peremptory strikes against two jurors. We are not persuaded that the real controversy was not tried or that the interests of justice require reversal, and we decline to exercise our discretionary power of reversal. We also conclude that the circuit court’s finding that the State offered facially valid reasons for exercising peremptory strikes against the two jurors was not clearly erroneous. Consequently, we affirm the judgment of the circuit court. This opinion will not be published.

2010AP1258-CR State v. Marquez

Dist II, Racine County, Simanek, J., Per Curiam

Attorneys: For Appellant: Rosen, Mark S., Waukesha; For Respondent: Nieskes, Michael E., Racine; Remington, Christine A., Madison

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