Opinion
No. 2012AP1475–CR.
2013-10-30
STATE of Wisconsin, Plaintiff–Respondent, v. Jimmie C. GREEN, Defendant–Appellant.
Id. at 498, 493 N.W.2d 758. The voir dire in this case was sufficient to investigate and identify competent evidence of bias, and no bias was discovered. There is no affirmative evidence of juror misconduct or bias. Green has not provided any plausible reason to believe that the voir dire process was so flawed as to warrant attempts to impeach the verdict. While the facts in Marhal, Miller, and Shillcutt did not appear to involve the litigant's lack of access to identifying juror information, this distinction is immaterial on the facts of Green's case, where the subject of gang bias was sufficiently raised in voir dire, and there is no indication that the jury was actually biased. As in Marhal, Green's request for an evidentiary hearing in order to “form a factual basis” for a motion to impeach the verdict “put the proverbial cart before the horse.” Marhal, 172 Wis.2d at 498, 493 N.W.2d 758.