STATE v. KIERNAN

No. 97-2449-CR.

221 Wis.2d 126 (1998)

584 N.W.2d 203

STATE of Wisconsin, Plaintiff-Respondent, v. Judith L. KIERNAN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 22, 1998.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Rebecca Lyman Persick, Law Offices of Barry S. Cohen, S.C. of Elkhart Lake.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Robert J. Wells, Jr., district attorney and James A. Haasch, assistant district attorney.

Before Brown, Nettesheim and Anderson, JJ.


ANDERSON, J.

The notion that a criminal defendant is entitled to a fair trial before an impartial jury is the cornerstone of the Due Process Clause of the Fourteenth Amendment. Because we conclude Judith L. Kiernan was denied her fundamental due process rights when the trial court refused to strike for cause five jurors who had earlier rejected the identical theory of defense to be employed by her, we reverse.

Kiernan entered a not guilty plea and requested...

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