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Criminal procedure – Equal protection – peremptory strikes
By: Rick Benedict//April 4, 2013//
Listen to this articleCriminal procedure – Equal protection – peremptory strikes
Karen Lynne Snow appeals from a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration and an order denying her motion for a new trial. Snow argues that she was denied equal protection under the United States and Wisconsin Constitutions when the prosecutor used a peremptory strike to remove the only Native American prospective juror and referenced that prospective juror’s “Ho-Chunk culture” when explaining the strike. I conclude that the circuit court clearly erred when it ruled that the prosecutor’s peremptory strike of the prospective juror did not violate Snow’s right under the Equal Protection Clause and therefore reverse the conviction and remand the case for a new trial.
Reversed and Remanded.
This opinion will not be published.
2012AP2323-CR State v. Snow
Dist. IV, Jackson County, Lister, J., Kloppenburg, J.
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