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Biased Jury – Violation of Due Process

By: Derek Hawkins//April 5, 2017//

Biased Jury – Violation of Due Process

By: Derek Hawkins//April 5, 2017//

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WI Supreme Court

Case Name: State of Wisconsin v. Jeffrey P. Lepsch

Case No.: 2017 WI 27

Focus: Biased Jury – Violation of Due Process

This is a review of an unpublished decision of the court of appeals, State v. Lepsch, No. 2014AP2813-CR, unpublished slip op. (Wis. Ct. App. Nov. 19, 2015) (per curiam), which affirmed the La Crosse County circuit court’s judgment of conviction of defendant Jeffrey Lepsch (“Lepsch”) and order denying Lepsch’s motion for postconviction relief.

A jury found Lepsch guilty of killing two individuals during an armed robbery in La Crosse, Wisconsin. Lepsch was sentenced to consecutive life terms in prison. Before this court, Lepsch argues he is entitled to a new trial due to alleged errors pertaining to jury selection and the jury Lepsch received.

More specifically, Lepsch presents the following arguments: (1) Lepsch’s right to a trial by an impartial jury was violated because certain of the jurors in his case were subjectively and objectively biased; (2) Lepsch’s right to due process of law was violated because of circumstances that created the likelihood or appearance of bias and because of alleged deficiencies in the circuit court’s investigation into and mitigation of these circumstances; (3) Lepsch’s right to be present at a critical stage of his proceedings, right to a public trial, and right to a jury properly sworn to be impartial were violated because the La Crosse County Clerk of Courts administered the oath to the prospective jurors in Lepsch’s case

outside of Lepsch’s presence; and (4) Lepsch’s right to receive the proper number of peremptory strikes, to full use of those strikes, and to have biased jurors removed for cause was violated by the circuit court. Lepsch explains that “all of the issues litigated in this appeal have been raised via a claim of ineffective assistance of counsel.” We conclude that each of Lepsch’s claims fails, and that he is not entitled to a new trial. Consequently, we affirm the decision of the court of appeals.

Affirmed

Concurring: Abrahamson, Bradley

Dissenting:

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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.

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