Jury – Selection – Bias / Disqualification – Doubtful Fairness: Unequivocal Expression

State v. Howard C. Carter, 2002 WI App 55

For Howard: Charles B. Vetzner, SPD, Madison Appellate

Issue/Holding: Although review of a trial court’s determination of subjective (non-)bias of a prospective juror is generally deferential, here review is independent “because this is one of those rare situations where the prospective juror’s unambiguous response, rather than his demeanor, is the basis of his subjective bias.” ¶10. And, because the juror openly admitted his bias, which was never questioned by the parties, he was subjectively biased as a matter of law.