State v. Huebner

SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE

¶ 74. (dissenting). On June 21, 1996, the legislature mandated the use of a six-person jury in misdemeanor actions commenced after that date.1 On June 19,1998, this court declared the law mandating a six-person jury in misdemeanor cases unconstitutional. State v. Hansford, 219 Wis. 2d 226, 243, 580 N.W.2d 171 (1998).

¶ 75. When this court declares a state law unconstitutional, the law is unconstitutional ab initio, that is, the law is null from the date it was adopted.2 Thus, *514the law mandating a six-person jury in misdemeanor cases was null from the date it…