STATE v. FUNK

No. 2008AP2765-CR.

799 N.W.2d 421 (2011)

2011 WI 62

STATE of Wisconsin, Plaintiff-Appellant-Petitioner, v. David D. FUNK, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided July 8, 2011.


Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner the cause was argued by Marguerite M. Moeller , assistant attorney general, with whom on the briefs was J.B. Van Hollen , attorney general.

For the defendant-respondent there were briefs and oral argument by Michele Anne Tjader , Tjader Law, Inc., Madison.


PATIENCE DRAKE ROGGENSACK, J.

¶ 1 We review an order of the court of appeals1 affirming the circuit court's2 order vacating a jury verdict finding David Funk (Funk) guilty of two counts of sexual assault of a child and granting him a new trial. The circuit court ordered a new trial based on its post-trial discovery that a juror, Tanya G., had not revealed during voir dire that she had been a victim of...

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