indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Fredericks Peebles & Morgan LLP
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: Treaty council condemns misuse of ceremonies (9/23)
Charles Trimble: Rename peak in Black Hills for Oglala holy man (9/23)
Clara Caufield: New Northern Cheyenne school still needs work (9/23)
Glen Stankee: Seminole Tribe wins ruling in state taxation case (9/23)
Family of Indian teen killed by police stage protest in Oklahoma (9/23)
Albert Bender: Obama must do more for jobs in Indian Country (9/23)
Elissa Washuta: This living Indian doesn't owe you any answers (9/23)
Charisse Millett: No politics with signing of Native language bill (9/23)
Rudolph Ryser: Bringing political equality to indigenous nations (9/23)
Ed Rice: Honoring the true Cleveland Indian -- Louis Sockalexis (9/23)
Tribal General Welfare Exclusion Act awaits Obama's signature (9/23)
Navajo Nation leaders weigh use of $554M trust fund settlement (9/23)
Cherokee Nation sends 'Warrior Flight' for WWII veterans to DC (9/23)
Judge issues order in Alaska Native language voting rights suit (9/23)
Activists ask judge to dismiss Washington NFL team's lawsuit (9/23)
Lincoln Indian Center official ticketed for unruly tailgate party (9/23)
Al Jazeera: Navajo Nation puts tribal people to work at casinos (9/23)
Another tribe joins fight against North Fork Rancheria compact (9/23)
Benton Paiute Tribe said to be interested in land swap for casino (9/23)
Column: Mohegan Tribe needs more than burgers to help casino (9/23)
Tim Giago: An independent candidate awakens 'Party' zombies (9/22)
Mark Trahant: Huge crowd turns out for People's Climate March (9/22)
Doug George-Kanentiio: All children are gifts from the Creator (9/22)
Native Sun News: Native women take stand against violence (9/22)
Clara Caufield: Northern Cheyenne Tribe heads into election (9/22)
Navajo Nation to announce trust fund settlement this Friday (9/22)
S.E. Ruckman: A remarkable day with arrival of Cobell checks (9/22)
Jon Tester: Bill protects Special Diabetes Program for Indians (9/22)
Ron Allen: Jamestown S'Klallam Tribe keeps workers engaged (9/22)
Dante Desiderio: Working together to address tribal tax issue (9/22)
Vena A-dae Romero: Asserting sovereignty through our food (9/22)
Mark Rogers: Leadership in Native America is at a crossroads (9/22)
Dave Lundgren: BIA must take a closer look at rights-of-way (9/22)
Peter d'Errico: Video uses humor to battle racist NFL mascot (9/22)
Opinion: Racist sports mascots preserve 'imaginary' Indians (9/22)
Justice Sotomayor studied Indian law after joining top court (9/22)
House subcommittee holds hearing on bill for Hualapai Tribe (9/22)
Colville Tribes participate in repatriation ceremony in Canada (9/22)
Shinnecock Nation tightens regulation of tobacco businesses (9/22)
Forest County Potawatomi Tribe won't share casino revenue (9/22)
Coeur d'Alene Tribe can't offer poker games pending appeal (9/22)
Lytton Band might purchase property next to gaming facility (9/22)
Nottawaseppi Huron Band reopens casino after electrical fire (9/22)
Guilty verdict in robbery of Saginaw Chippewa casino winner (9/22)
Editorial: Poarch Creek gaming deal deserves consideration (9/22)
Native Sun News: Tribes united against Keystone XL Pipeline (9/19)
Regina Brave: The earth that once was will soon be no more (9/19)
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.