The Wisconsin Court of Appeals has rejected convicted killer Martice T. Fuller’s request for a new trial in the shooting death of a Kenosha teenager nearly seven years ago.
In a Feb. 11 opinion, a three-judge panel disagreed with Fuller’s assertion a juror who questioned his own ability to be fair at Fuller’s 2021 homicide trial should have been removed before testimony began.
Fuller was 15 when he shot and killed Kaylie Juga, also 15, at her Kenosha home in May 2019. Her mother, Stephanie Juga, also was shot, but survived.
Defense attorneys for Fuller tried unsuccessfully to move his case to juvenile court, and a Kenosha County jury later found him guilty of first-degree intentional homicide, attempted first-degree intentional homicide and armed burglary.
Fuller, now 22, was sentenced to life, but he later appealed, arguing one of the jurors in his trial should have been dismissed.
Court records show a juror told a bailiff during a lunch break while jury selection was underway he didn’t know if he could be fully unbiased in the case.
At that point in the trial, no evidence had been presented. The juror was later questioned and told the court he understood his duty was to decide based on the evidence presented at trial, and was ultimately permitted to serve on the jury, court records show.
After his conviction, Fuller requested a new trial or to be resentenced. He also argued he received ineffective assistance of counsel when his lawyer failed to strike the juror during the selection process, known as voir dire.
The panel, made up of Presiding Judge Lisa S. Neubauer, and judges Shelley A. Grogan and Maria S. Lazar, said in its opinion the trial court did not commit an error by seating the juror, arguing he and his lawyers could have objected but failed to.
Chris Ramirez covers courts for the Milwaukee Journal Sentinel. He can be reached at caramirez@usatodayco.com.
This article originally appeared on Milwaukee Journal Sentinel: Appeals court says no to Kenosha killer’s request for new trial
Reporting by Chris Ramirez, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
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