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2009AP2085-CR State v. Ward

By: WISCONSIN LAW JOURNAL STAFF//October 5, 2010//

2009AP2085-CR State v. Ward

By: WISCONSIN LAW JOURNAL STAFF//October 5, 2010//

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Criminal Procedure
Hearing impaired jurors

Precious M. Ward appeals from a judgment of conviction entered after a jury found him guilty of first-degree reckless homicide while armed and felon in possession of a firearm, contrary to Wis. Stat. §§ 940.02(1), 939.63, and 941.29(2) (2007-08). He also appeals from the trial court’s order denying his postconviction motion for a new trial. Ward argues: (1) the trial court erred in seating a hearing-impaired juror; (2) his trial counsel was ineffective for not moving to strike or remove the juror; and (3) the trial court violated his right to an appeal when it concluded that the lack of a record of its ruling on a motion in limine, which precluded Ward from presenting evidence that another person was responsible for the homicide, was not grounds for a new trial. We conclude that the trial court’s findings that the juror in question was able to comprehend the testimony during Ward’s trial are supported by the record and that consequently, his trial counsel was not ineffective. In addition, we hold that Ward’s right to an appeal was not violated when the trial court denied his postconviction motion. Accordingly, we affirm. Not recommended for publication in the official reports.

2009AP2085-CR State v. Ward

Dist I, Milwaukee County, Wagner, J., Curley, P.J.

Attorneys: For Appellant: Wasserman, Lew A., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; O’Neil, Aaron R., Madison

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