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State v. Nelson6/9/2005
r when the circuit court asked, "Have any of you expressed or formed any opinion with respect to this case; if so, would you please raise your hands?" Nelson maintains that the juror in question should have answered affirmatively because he told Bernadette Lynn Allbaugh before he commenced jury duty that if the case "pertains to a child, we have to protect the children." We conclude that the juror's comment that the law must protect children was not inconsistent with the fact that he did not answer "yes" when the circuit court asked if any of the jurors had formed an opinion about this particular case. The juror's comment does not show that he would not judge the case based on the facts and law presented. It shows only that he believed the law should protect children, a statement most reasonable people would agree is true. The circuit court did not misuse its discretion in denying Nelson's motion without an evidentiary hearing because she failed to allege facts that, if true, would support a finding of bias. See State v. Bentley, 201 Wis. 2d 303, 309-10, 548 N.W.2d 50 (1996).
By the Court.--Judgment affirmed.
This opinion will not be published. See WIS. STAT. RULE809.23(1)(b)5.
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