2010AP1429-CR State V. Brandsma

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Criminal Procedure
Jury separation during deliberations

Bradley Brandsma was convicted of misdemeanor battery at a jury trial during which the circuit court allowed the jury to separate for the night after beginning deliberations, then return to the courthouse to resume deliberations the next morning. Brandsma asserts on appeal that the court erroneously exercised its discretion in allowing the jury to separate, and that the court erred in failing to grant his postconviction motion for a new trial. In that motion, Brandsma claimed that allowing jurors to separate presumptively deprived Brandsma of his constitutional right to a fair trial before an impartial jury. Because Brandsma fails to cite authority supporting these propositions, and also because this court lacks authority to announce the new presumption he seeks to establish even if he had provided authority pointing toward the need for such a rule in the Internet age, the judgment of conviction and the order denying the motion for a new trial are affirmed. This opinion will not be published. See WIS. STAT. RULE 809.23(1)(b)5.

2010AP1429-CR State V. Brandsma

Dist. IV, Sauk County, Evenson, J., Blanchard, J.

Attorneys: For Appellant: Jurek, Anthony J., Middleton; For Respondent: Weber, Gregory M., Madison; Hendee, Chad A., Baraboo

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