People v. Trzeciak

(Modified upon denial of rehearing 12/3/14.) Defendant was convicted of first-degree murder. One prospective juror stated that he might be unable to be impartial because of similar incident involving family member, and judge told him he would have to sit through every day of trial to watch how a fair trial operates. Judge's conduct did not affect Defendant's right to a fair trial, and defense counsel did not object to swearing of jury. Court properly limited testimony of defense expert, a manager of gun shop; expert's testimony was not necessary for defense to argue that similarity of murder weapon to other makes and models of guns. Limited testimony of expert, along with other testimony, showed that murder weapon was not unusual or unique. (PUCINSKI and MASON, concurring.)