Legal Opinion

State v. Tobatto

Court of Appeals of Wisconsin

Decided March 8, 2016No. 2015AP254-CRPublished

1Opinion of the CourtKessler, J.

f 1. The State of Wisconsin ap*305peals an order of the postconviction court granting a new trial to Todd Brian Tobatto. The postconviction court found that Tobatto's trial counsel rendered ineffective assistance with respect to jury selection. Specifically, the postconviction court determined that counsel's failure to remove a particular juror, Juror Number Ten (Juror 10), prejudiced Tobatto's trial. We conclude that Juror 10 was not shown to be biased and therefore trial counsel was not ineffective. Therefore, Tobatto is not entitled to a new trial. We reverse.

BACKGROUND

¶ 2. Tobatto was…

2Cases cited14 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. MacHnerWisconsin Supreme Court · 1979
  3. State v. PitschWisconsin Supreme Court · 1985
  4. State v. EricksonWisconsin Supreme Court · 1999
  5. State v. JohnsonWisconsin Supreme Court · 1986

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