State v. Huebner

¶ 37. (concurring). In 1996 the Wisconsin legislature passed a statute mandating six-person juries in misdemeanor cases. Wis. Stat. § 756.096(3)(am) (1995-96). In 1998 this court held the statute unconstitutional as a violation of art. I, § 7 of the Wisconsin Constitution. State v. Hansford, 219 Wis. 2d 226, 230, 580 N.W.2d 171 (1998).

¶ 38. This case is one of many in which six-person juries convicted defendants of crimes before announcement of the Hansford decision. Juergen Huebner seeks to overturn his conviction on the grounds that trial by a six-person jury deprived him of a fundamental…