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STATE v. CHOSA

No. 80-1903-CR.

108 Wis.2d 392 (1982)

321 N.W.2d 280

STATE of Wisconsin, Plaintiff-Respondent, v. Ben CHOSA, Jr., Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided July 2, 1982.

Attorney(s) appearing for the Case

For the defendant-petitioner there was a brief (in court of appeals) by William Lundstrom, supervising attorney, Legal Assistance to Institutionalized Persons Program, of Madison; and a reply brief (in supreme court) by Frank J. Remington and Ben Kempinen, supervising attorneys, Legal Assistance to Institutionalized Persons Program, and oral argument by Mr. Kempinen.

For the plaintiff-respondent the cause was argued by Michael R. Klos, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

Amicus curiae brief was filed by Milton Rosenberg, Indian Law Center, Law School, University of Wisconsin; and Douglas B.L. Endreson, Native American Rights Fund, of Boulder, Colorado.

Reversing 104 Wis.2d 743, 314 N.W.2d 362.

STEINMETZ, J.

The issues in this case are:

(1) Did the trial court violate defendant-appellant-petitioner's rights to equal protection of the law in excusing for cause all Native Americans from the jury panel without objection by defense counsel?

(2) Was the defendant denied his right to the effective assistance of counsel?

The court of appeals answered both questions in the negative and affirmed...

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