[Download] "State Wisconsin v. William E. Lehman" by Supreme Court of Wisconsin ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Wisconsin v. William E. Lehman
- Author : Supreme Court of Wisconsin
- Release Date : January 02, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
The validity of a jury verdict is challenged in this review on the ground that during the jury deliberations a regular juror was discharged and, over defendants objection, an alternate juror who previously had been discharged by the circuit court joined the jury and participated in the jurys deliberations and verdict. In its memorandum decision on motions after verdict, the circuit court for Douglas county, Arthur A. Cirilli, Circuit Judge, apparently concluded that it had erred in allowing the alternate juror to join the jury mid-way in the jury deliberations but that the error was harmless. The defendant appealed from the judgment of conviction and from the order denying his motion for a new trial, and this court granted defendants petition to bypass the court of appeals. Sec. 808.05(1), sec. (Rule) 809.60, Stats. 1979-80. We hold that because no statute or rule expressly authorizes a circuit court to substitute an alternate juror during jury deliberations for a juror who has been discharged, the circuit court committed error in making the substitution and that the error constitutes ground for reversal.