indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Kill The Tobacco Master Settlement Agreement
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:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Dave Archambault: Why the Standing Rock Sioux Tribe is fighting (8/25)
Cheyenne River Sioux Tribe chair dispels rumors about camp site (8/25)
Native Sun News: Thousands join pipeline resistance movement (8/25)
Lakota Country Times: Bill honors memory of Cheyenne woman (8/25)
John Yellow Bird Steele: A giant step forward with Black Elk Peak (8/25)
Dina Gilio-Whitaker: There's more than one path to reconciliation (8/25)
Osage Nation celebrates $74M acquisition of ancestral territory (8/25)
Spokane Tribe hit hard as blaze destroys homes on reservation (8/25)
Ute Tribe remains busy in court with appeal in contract dispute (8/25)
Mashpee Wampanoag Tribe hails bid to reconsider casino ruling (8/25)
Twenty-Nine Palms Band considers expansion project at casino (8/25)
Grand Traverse Band shares gaming funds with local community (8/25)
Standing Rock Sioux Tribe sees strong support at pipeline hearing (8/24)
Judge takes aim at Ute Tribe after being kicked off sovereignty suit (8/24)
Lakota Country Times: County seeks compensation for trust lands (8/24)
Native Sun News: Sage remains a special plant for Native peoples (8/24)
Jim Kent: Republicans in South Dakota whine about Black Elk Peak (8/24)
Matthew Fletcher: The Supreme Court and Indian Child Welfare Act (8/24)
Kayla DeVault: Navajo Nation must take a stand on Dakota Access (8/24)
Meskwaki author Ray Young Bear wins award for poetry collection (8/24)
Puyallup Tribe acquires golf course within reservation boundaries (8/24)
Pauma Band might finally see $33.6M payment from gaming case (8/24)
Oneida Nation sends even more gaming revenues to communities (8/24)
Cheyenne River Sioux Tribe seeks prayers ahead of pipeline hearing (8/23)
Second run scheduled to raise awareness of Gold King Mine disaster (8/23)
U.S. Sentencing Commission continues work of tribal advisory group (8/23)
Chemehuevi Tribe wins decision barring county from citing members (8/23)
Lakota Country Times: Oglala Sioux Tribe joins fight against pipeline (8/23)
Native Sun News: Mario Gonzales moves from ball court to law court (8/23)
Brandon Ecoffey: The Horse Nations prepare for battle over pipeline (8/23)
Steven Newcomb: Standing Rock Sioux Tribe challenges domination (8/23)
Simon Moya-Smith: Hillary Clinton remains silent amid pipeline feud (8/23)
Sheriff mistook sacred pipes for pipe bombs at pipeline protest site (8/23)
Charles Carlyle: Issues to consider when doing business with tribes (8/23)
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.