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99-2704 State v. Lindell

By: dmc-admin//July 16, 2001//

99-2704 State v. Lindell

By: dmc-admin//July 16, 2001//

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“Because our decision to affirm Lindell’s conviction is at odds with State v. Ramos, 211 Wis.2d 12, 564 N.W.2d 328 (1997), which would have required an automatic reversal in any situation where the defendant used a peremptory strike to remove a prospective juror who should have been excused for cause, we overrule Ramos and announce a new standard to protect defendants.

“In this new environment, we are able to abandon Ramos and return to analyses of juror bias claims under Wis. Stat. sec. 805.18(2).17 Under this statute, we first determine whether the circuit court erred, using the appropriate standard of review for each type of bias claim. Then, if we determine that a circuit court’s decision is clearly erroneous (in the case of subjective bias), or an error of law (with respect to other alleged claims), we evaluate whether the error has affected the substantial rights of the party. This analysis is conducted in fact situations in which a defendant has not claimed a violation of his or her Sixth Amendment right to an impartial jury. …

“Nothing in this opinion changes the fundamental law that an accused is entitled to be tried by an impartial jury. Our decision requires a defendant to make a conscious choice between exercising a peremptory challenge or waiting for a Sixth Amendment challenge after conviction. However, the State must now be more alert and sensitive to a defendant’s challenge for cause. Anticipating the defendant’s possible strategy, the State has three courses of action: (1) It can join the defendant in urging the court to remove a juror for cause; (2) it can exercise one of its own limited peremptory strikes to remove a juror who should have been struck for cause; or (3) it can do nothing and risk a new trial if an appellate court finds that a biased juror sat on the jury. We think the defendant’s right to peremptory challenges will be effectively vindicated when prosecutors have an interest in seeing that jurors biased against the defendant never sit. …

“We conclude that the automatic reversal rule of Ramos is not the appropriate rule. Accordingly, the Ramos decision is overruled. The defendant in this case received that which he is entitled to under state law when he used a peremptory challenge to remove a prospective juror who should have been struck for cause. Finally, we conclude the defendant has not shown that he was prejudiced by any alleged ineffective assistance of counsel.”

Affirmed.

CONCURRING OPINION: Bradley, J. “I write separately because the majority opinion erases the deference that a reviewing court owes to a circuit court’s objective bias determination expressed in the above quote. Like the court of appeals, I believe that the circuit court engaged in a thoughtful inquiry and reached a reasonable conclusion in determining that D.F. was not objectively biased.”

DISSENTING OPINION: Abrahamson, Ch.J., with whom Bablitch, J., joins. “The court today overrules State v. Ramos, 211 Wis.2d 12, 564 N.W.2d 328 (1997). I disagree with the court’s overruling for three reasons:

(1) Today’s majority opinion violates the rule of stare decisis, which requires a court to ‘stand by things decided.’ …

(2) Today’s majority opinion violates a basic rule of statutory interpretation: Once this court has authoritatively construed a statute, the court maintains this construction unless and until the legislature either amends or repeals the statute. …[and]

(3) Today’s overruling of Ramos leaves defendants with no satisfactory remedy for a circuit court’s error in failing to strike a juror for cause.”

Court of Appeals, Prosser, J.

Attorneys:

For Appellant: Timothy J. Gaskell, Westby

For Respondent: Diane M. Welsh, James E. Doyle, Madison

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