2010AP127-CR State v. Guthman

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Criminal Procedure
Juror bias

Anthony Grover Guthman appeals from judgments convicting him of first-degree sexual assault of a child, repeated sexual assault of the same child and incest. He also appeals from an order denying his postconviction motion seeking a new trial on grounds that the jury included a biased juror and that the voir dire record was irreparably defective in terms of identifying a venireperson who claimed to be acquainted with a potential witness.

In the first matter, we agree with the trial court’s determinations that the ultimately empaneled juror did not demonstrate bias, nor would a reasonable person holding like beliefs. The second argument goes nowhere because, since the potential witness never testified, the defense does not establish a “colorable need” for the potential juror’s identity, the defense could have learned it with minimal effort, and Guthman concedes the issue by failing to refute the State’s responding arguments in his reply brief. We therefore affirm. This opinion will not be published.

2010AP127-CR State v. Guthman

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

Attorneys: For Appellant: Wasielewski, John T., Milwaukee; For Respondent: Nieskes, Michael E., Racine; Noet, Nancy A., Madison

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