Extraneous Information – Prejudicial Effect on Jury | Wisconsin Law Journal

By: Derek Hawkins//June 16, 2020//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Brittany S. Baier

Case No.: 2019AP389-CR

Officials: Brash, P.J., Dugan and Donald, JJ.

Focus: Extraneous Information – Prejudicial Effect on Jury

Brittany S. Baier appeals from a judgment of conviction for one count of first-degree intentional homicide and one count of being a felon in possession of a firearm, contrary to WIS. STAT. §§ 940.01(1)(a) and 941.29(1m)(a) (2015-16). Baier argues that she is entitled to a new trial because a juror downloaded a guide for jury deliberations from the internet and shared it with other jurors during deliberations. We agree with the trial court that Baier is not entitled to a new trial because the extraneous information that was improperly brought to the jury room would not have had a prejudicial effect on a hypothetical average jury. Therefore, 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.