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Ineffective Assistance of Counsel – Juror Bias

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Marris Steven Virgil, Jr.

Case No.: 2021AP000608-CR

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

Focus: Ineffective Assistance of Counsel – Juror Bias

The State appeals a postconviction order granting Marris Steven Virgil, Jr., a new trial. The State contends that Virgil has failed to show that a biased juror was seated for trial, and as a result, Virgil has failed to prove that he was deprived of effective assistance of counsel entitling him to a new trial.

The appeals courts reasons that Virgil is not entitled to a new trial. As discussed above, Virgil has failed to establish that the juror was subjectively or objectively biased. Thus, trial counsel cannot be ineffective for failing to remove that juror from the panel.

Reversed.

Decided 01/18/23

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