Criminal Procedure — new trials

By: WISCONSIN LAW JOURNAL STAFF//October 15, 2013//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — new trials — jury contamination

Kevin Madsen appeals an order denying his Wis. Stat. § 974.06 (2011-12), postconviction motion for a new trial. He argues: (1) the trial court improperly exercised its discretion when it failed to make further inquiry after the jury reported that a newspaper found in the jury room contained coverage of the first day of the trial; and (2) Madsen’s trial counsel was ineffective for failing to move for a mistrial or request further inquiry into possible contamination of the jury. We reject these arguments and affirm the order. This opinion will not be published.

2013AP215 State v. Madsen

Dist III, Polk County, Galewyrick, J., Per Curiam

Attorneys: For Appellant: Madsen, Kevin D., pro se; For Respondent: Balistreri, Thomas J., Madison; Steffen, Daniel P., Balsam Lake

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