Court Error

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jesus C. Gonzalez

Case No.: 2015AP784-CR

Officials: Curley, P.J., Kessler and Brennan, JJ.

Focus: Court Error

Jesus C. Gonzalez appeals from a judgment of convictions of first-degree reckless homicide and second-degree recklessly endangering safety.  Gonzalez contends that the trial court erred when: (1) it struck a juror as an alternate without following the procedure prescribed in WIS. STAT. § 972.10(7) (2013-14) for selecting the alternate juror by lot, thereby violating due process; and (2) it allowed jurors to take notes during closing arguments, contrary to WIS. STAT. § 972.10(1)(a)1. We affirm because we conclude that the trial court struck the juror for cause, not as an alternate, and even if that strike was error, Gonzalez was not prejudiced because he received a fair and impartial jury of twelve. See State v. Mendoza, 227 Wis. 2d 838, 864, 596 N.W.2d 736 (1999). We also conclude that even if the trial court erred in permitting the jurors to take notes during closing arguments contrary to the statute, Gonzalez was not prejudiced. We discuss each issue in turn below.

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.