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STATE v. HAMPTON

No. 95-0152-CR.

201 Wis.2d 662 (1996)

549 N.W.2d 756

STATE of Wisconsin, Plaintiff-Respondent, v. Gary HAMPTON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 16, 1996.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Michael S. Holzman of Rosen and Holzman Ltd. of Waukesha.

For the plaintiff-respondent the cause was submitted on the briefs of James E. Doyle, attorney general and Maureen McGlynn Flanagan, assistant attorney general.

Before Wedemeyer, P.J., Sullivan and Fine, JJ.

WEDEMEYER, P.J.

Gary Hampton appeals from a judgment of conviction after a jury found him guilty of two counts of armed robbery, party to a crime, contrary to §§ 943.32(1)(b) and (2) and 939.05, STATS.

Hampton claims that his right to an impartial jury and due process under both the Wisconsin and United States Constitutions was violated when the trial court refused to voir dire a juror who was sleeping during the testimony of a witness. Because the...

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