Equal Protection Violation

By: Derek Hawkins//September 4, 2019//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Malcolm J. Sanders

Case No.: 2018AP1310-CR

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Equal Protection Violation

Malcolm Sanders appeals from a judgment of conviction entered after a jury found him guilty of two counts of delivering heroin, as a repeater and as a party to a crime. He claims the Equal Protection Clauses of the United States Constitution and Wisconsin Constitution were violated when the prosecutor used two of her peremptory challenges to strike from the jury panel the only two African-American potential jurors. Because we agree with the circuit court’s determination that the prosecutor did not engage in purposeful discrimination, we conclude there was no equal protection violation. We affirm.

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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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