State v. Kettner
805 N.W.2d 132
Wis. Ct. App.2011Background
- Kettner was convicted of child abuse under Wis. Stat. § 948.03(2)(b) and placed on probation after sentencing.
- A juror who was hearing-impaired reported difficulty hearing portions of S.K.'s videotaped interview; the juror nevertheless heard the trial testimony and participated in deliberations.
- The State introduced a videotaped social-worker interview of S.K. and S.K. testified in court; her in-court account was consistent with the videotape.
- A pediatric nurse testified the bruising was consistent with spanking and discussed his reliance on S.K.'s account; defense cross-examination touched on credibility considerations.
- Defense theory emphasized possible alternative causes (ATV ride) and suggested S.K. made up the story to live with her mother; witnesses included the mother and aunt/relative of the girlfriend.
- Postconviction proceedings found the juror heard substantially all testimony, and the court found no prejudice; Haseltine issue raised on redirect was deemed harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Juror hearing impairment and prejudice to fair trial | Kettner: juror could not hear material testimony | State: juror heard substantial testimony and demeanor; no prejudice | Not violated; no prejudice shown |
| Haseltine-impermissible testimony about credibility | Kettner: nurse vouching for credibility improper | State: testimony acceptable or harmless if improper | Harmless error; conviction upheld |
Key Cases Cited
- State v. Turner, 186 Wis. 2d 277 (Ct. App. 1994) (reaffirmed impartial-jury due-process concerns when jurors miss material testimony)
- State v. Hampton, 201 Wis. 2d 662 (Ct. App. 1996) (sleeping juror framework; prejudice requires determining significance of missed testimony)
- State v. Hampton, 217 Wis. 2d 614 (Ct. App. 1998) (remand for prejudice inquiry; testimony not pivotal not prejudicial)
- Haseltine, 120 Wis. 2d 92 (Ct. App. 1984) (no witness may testify that another witness is telling the truth; focus on credibility limits)
- State v. Pharm, 238 Wis. 2d 97 (Wis. Ct. App. 2000) (trial counsel not deficient for failing to object to certain expert testimony)
- Brown, 332 A.2d 828 (Pa. Super. Ct. 1974) (record of juror hearing impairment supports prejudice analysis)