Some decisions regarding a criminal case are so fundamental that they must be waived by the defendant personally. See State v. Brunette, 220 Wis.2d 431, 443, 583 N.W.2d 174, 179 (Ct.App. 1998). "These decisions include whether to plead guilty, whether to request a trial by jury, whether to appeal, whether to forgo the assistance of counsel, and whether to obtain counsel and refrain from self-incrimination." Id., 220 Wis.2d at 443, 583 N.W.2d at 179.
¶41 A defendant is guaranteed the right to an unbiased jury under both the United States and Wisconsin Constitutions. U.S. CONST . amend. VI ; WIS. CONST . art. I, § 7 ; State v. Brunette , 220 Wis. 2d 431, 439, 583 N.W.2d 174 (Ct. App. 1998) ; see also WIS. STAT. § 805.08(1). This state recognizes three classifications of juror bias: statutory, subjective, and objective.
The State is correct. SeeState v. Brunette, 220 Wis.2d 431, 583 N.W.2d 174 (Ct.App. 1998).
Whether defense counsel should move the court to strike a juror for cause is his or her tactical decision to make. SeeState v. Brunette, 220 Wis.2d 431, 444-45, 583 N.W.2d 174, 180 (Ct.App.), review denied, 220 Wis.2d 366, 585 N.W.2d 158 (1998). To show deficient performance, Oswald must show that his counsel's representation was objectively unreasonable.
At the close of jury selection, the State exercised one of its peremptory strikes to remove him. In State v. Brunette, 220 Wis.2d 431, 442, 583 N.W.2d 174, 179 (Ct.App.), review denied, 220 Wis.2d 366, 585 N.W.2d 158 (1998), we concluded that a defendant waives an objection to juror bias if prior to the jury being sworn in no motion is made to the trial court to remove a juror for cause. We explained that a juror bias claim is subject to waiver because the trial court and prosecutor are in a position to correct errors, thereby avoiding any unnecessary reversals, and the decision about whom to select as jurors should be made when the recollections of counsel and the court are fresh.
Leflore never moved to strike juror number three during voir dire. A claim of juror bias is waived if it is not timely presented to the trial court. State v. Brunette, 220 Wis. 2d 431, 442, 583 N.W.2d 174, 179 (Ct.App. 1998). Thus, we will not review Leflore's allegation in the context of a juror-bias claim.
"[A] defendant [forfeits] an objection to a juror's bias if no motion is made to the [circuit] court to remove the juror for cause."State v. Brunette, 220 Wis.2d 431, 442, 583 N.W.2d 174 (Ct. App. 1998).
Generally, when a defendant accepts counsel, the defendant delegates to counsel the tactical decisions an attorney must make during a trial. State v. Brunette, 220 Wis. 2d 431, 443, 583 N.W.2d 174 (Ct.App. 1998) (citation omitted).
Generally, when a defendant accepts counsel, the defendant delegates to counsel the tactical decisions an attorney must make during a trial. State v. Brunette, 220 Wis. 2d 431, 443, 583 N.W.2d 174 (Ct.App. 1998) (citation omitted).
The term groin means "the crease or hollow at the junction of the inner part of each thigh with the trunk, together with the adjacent region and often including the external genitals." State v. Brunette, 220 Wis.2d 431, 453, 583 N.W.2d 174 (Ct.App. 1998) (quoted source omitted). The meaning of pubic mound is the "eminence at the lower part of the abdomen, just above the reproductive or sex organs."