01-1136 State v. Carlson

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Although the juror himself said that he did not understand English well enough to competently hear the case, we conclude that the trial court properly considered all the evidence that informed on Vera’s ability to comprehend English, and found that he understood English well enough to fairly and impartially hear the case, regardless of Vera’s opinion.

“The trial court made specific findings of fact. The court indicated that filling out a jury qualification questionnaire indicated ‘some fundamental ability’ to understand English. Vera testified that he read and filled out the jury questionnaire by himself. The court noted that Vera responded appropriately to some ‘very sophisticated questions’ posed by both counsel. It pointed out that Vera appeared in court ‘without the need of an interpreter to assist him in responding to questions.'”

Judgment affirmed.

Recommended for publication in the official reports.

Dist III, Brown County, Grzeca, Warpinski, JJ., Hoover, P.J.

Attorneys:

For Appellant: Steven L. Miller, River Falls

For Respondent: John F. Luetscher, Green Bay; Eileen W. Pray, Madison