Gregory Chandler - Supreme Court of Wisconsin

This is a bizarre case. The Supreme Court of Wisconsin held that the presence of the trial judge's mother on a jury violated a criminal defendant's constitutional right to be tried by an impartial jury, and a new trial was required. The Court held that the trial judge's mother was objectively biased, as the familial relationship constituted an interest in the case extraneous to the evidence because a reasonable person would not have been able to set aside the relationship when discharging juror duties. Further, the presence of the judge's mother on the jury could have had an effect on trial proceedings or jury deliberations. Finally the presence of the judge's mother on the jury was inconsistent with the jury's function as a check upon the power of the judge.

It is hoped that the new trial is with a different trial judge.

State v. Tody, 2009 Wisconsin 31; 764 N. W. 2d 737

Gregory Chandler, Attorney at Law