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Structural Error – Voir Dire – Jury Questions
By: Derek Hawkins//July 31, 2019//
Listen to this articleWI Court of Appeals – District IV
Case Name: State of Wisconsin v. John E. Paul
Case No.: 2018AP1496-CR
Officials: KLOPPENBURG, J.
Focus: Structural Error – Voir Dire – Jury Questions
A jury found John E. Paul guilty of operating a motor vehicle while intoxicated (OWI) and operating a motor vehicle with a prohibited alcohol concentration. During voir dire, the prosecutor asked a question regarding the prohibited blood alcohol concentration limit that applied to Paul’s case. Paul moved for a mistrial, which the circuit court denied. Paul now appeals that denial, arguing that the prosecutor’s question implied that Paul “was a repeat offender” with prior OWI convictions. As I explain, I reject Paul’s argument and, therefore, affirm.
Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.
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