indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Indian Law Online Master Degree - University of Tulsa College of Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Court lifts conviction after Ho-Chunk woman stricken from jury

Filed Under: Law
More on: crime, ho-chunk, race, wisconsin
   

An appeals court in Wisconsin reversed a drunken driving conviction because a member of the Ho-Chunk Nation was wrongly removed from the jury pool.

During jury selection, Jody Whiteagle acknowledged that two defense witnesses for Karen Lynne Snow, who was charged with drunken driving, were friends of her father. But she maintained that she would be able to judge the case fairly.

The district attorney had her stricken anyway. He said he didn't trust her because she is a member of the Ho-Chunk Nation.

"I am aware that family ties, especially in the Ho-Chunk traditional culture, are extremely strong, and I do not accept her explanation she doesn’t socialize with them and can be fair," said Jackson County District Attorney Gerald Fox, according to the court's decision.

Fox later realized that his explanation was faulty and joined Snow in asking for a new trial. Judge Thomas Lister, however, refused to grant the request, leading to the decision that was issued yesterday.

"[T]he prosecutor in this case did not have specific, race-neutral explanations for striking Whiteeagle." Judge JoAnne Kloppenburg of the District 4 Court of Appeals wrote.

"To the contrary, the prosecutor explicitly mentioned Whiteeagle’s membership in a cognizable class during his explanation, and linked such membership to his belief that she would not weigh potential witnesses’ testimony without bias," Kloppenburg continued.

Whiteagle would have been the only Native person on the jury had she not been removed from consideration.

Get the Story:
Appeals court: Judge erred in booting Ho-Chunk juror (The La Crosse Tribune 4/5)
Dismissing Ho-Chunk juror deemed as discriminatory (The Shawano Leader 4/4)
Drunken driving conviction reversed on prosecutor's 'Ho Chunk culture' remark (The Milwaukee Journal-Sentinel 4/4)

Wisconsin Appeals Court Decision:
State v. Snow (April 4, 2012)


Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Businesses show support for LNI tournament (3/27)
Lakota Country Times: Oglala Sioux fighter climbing in the ranks (3/27)
Mark Trahant: Alaska Natives look 10,000 years into the future (3/27)
Ivan Star: The influences of boarding school and Vietnam War (3/27)
Gyasi Ross: Funerals become family reunions in Indian Country (3/27)
Tim Giago hands over the reins as publisher of Native Sun News (3/27)
House committee passes Native American Children's Safety Act (3/27)
Bill to benefit Miami Nation moves forward in House and Senate (3/27)
City extended contract to send treated sewage to sacred peaks (3/27)
Oneida Nation welcomes ruling backing land-into-trust request (3/27)
Lawmakers want BIA to delay new federal recognition reforms (3/27)
Another conviction from Chippewa Cree Tribe corruption probe (3/27)
Editorial: Shakopee Tribe contributes $5M for health initiative (3/27)
Opinion: Navajo Nation enacts 'sin tax' on unhealthy products (3/27)
Editorial: Opposition to Pamunkey Tribe recognition 'revolting' (3/27)
Dennis Jenkins: Hypocrisy for new tribal casinos in Connecticut (3/27)
Supreme Court asked to hear Kialegee Tribal Town gaming case (3/27)
Ho-Chunk Nation extends agreement for off-reservation casino (3/27)
Indiana lawmakers seek role in Pokagon Band gaming compact (3/27)
Native Sun News: Oglala Sioux leader not pleased with boycott (3/26)
Lakota Country Times: Lakota Nation Invitational stays in Rapid (3/26)
Native Sun News: Mayor of Rapid City addresses race relations (3/26)
Jane Daugherty: Tribal e-commerce continues to draw scrutiny (3/26)
Witness list for Senate Indian Affairs Committee's field hearing (3/26)
Richard Iron Cloud: Remove murderer's name from sacred peak (3/26)
Native Youth: Bring dental therapy providers to Indian Country (3/26)
Steven Newcomb: Tribal nations still under dominating process (3/26)
Law firm hosts tribes for session on marijuana in Indian Country (3/26)
Judge upholds BIA decision on Oneida Nation land-into-trust bid (3/26)
Appeals court rules against Crow Tribe in housing grant dispute (3/26)
Ho-Chunk Nation raises minimum wage to $2.75 above federal (3/26)
Mishewal Wappo Tribe to appeal decision in recognition lawsuit (3/26)
Racist emails of former Montana federal judge to be preserved (3/26)
Shingle Springs Band considered but rejected indoor gun range (3/26)
House panel backs bill to block Tohono O'odham Nation casino (3/26)
Quapaw Tribe did not include casino on land-into-trust request (3/26)
Chumash Tribe never got apology for diplomat's casino remark (3/26)
Governor won't sign casino compact with Fort Sill Apache Tribe (3/26)
Cherokee Nation approves $6.9M renovation project for casino (3/26)
Native Sun News: Oglala Sioux veteran training for Paralympics (3/25)
Alaska Native musher Chuck Schaeffer completes 2015 Iditarod (3/25)
LTBB News: Michigan tribes come together for historic meeting (3/25)
Lecture focuses on repatriation of tribal intellectual properties (3/25)
Board still working on delivering money for Cobell scholarships (3/25)
Sen. Barrasso to chair field hearing on drugs in Indian Country (3/25)
Bill for tribal marijuana compacts up for hearing in Washington (3/25)
Choctaw Nation chief hopes to travel to Ireland for monument (3/25)
HHS urged to do more to help tribes with foster care programs (3/25)
Eastern Cherokees work to teach language to new generations (3/25)
Another suggestion for Indian woman on $20 bill -- Sakakawea (3/25)
Man from Crow Tribe cites self-defense in fatal casino shooting (3/25)
Shawnee Tribe sees opposition to off-reservation gaming plan (3/25)
Navajo Nation signs Class III casino compact with New Mexico (3/25)
Quapaw Tribe insists a casino isn't focus of Arkansas land plan (3/25)
Suquamish Tribe reaches deal to allow highway work at casino (3/25)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.