State v. Theophilous Ruffin, 2019AP1046-CR, District 1, 3/9/21 (not recommended for publication), state’s petition for review granted 9/17/21; reversed, 2022 WI 34; case activity (including briefs) Ruffin raises three challenges to how the jury was instructed at his trial. Two are rejected in all respects, but one—regarding trial counsel’s decision to withdraw a self defense… Read more
11. Privilege
State v. Joseph T. Langlois, 2018 WI 73, 6/20/18, affirming a published court of appeals decision, 2017 WI App 44; case activity (including briefs) A majority of the supreme court concludes that the jury instructions given in this case, when viewed in their entirety, accurately stated the law the jury needed to decide the case. Two dissenting justices… Read more
State v. Joseph T. Langlois, 2016AP1409-CR, petition for review of a published court of appeals decision granted 12/13/17; case activity (including briefs) Issues (composed by On Point): 1. Was trial counsel ineffective for failing to object to the jury instructions for self defense and accident on the lesser included charge of homicide by negligent handling… Read more
State v. Kimberly B., 2005 WI App 115 For Kimberly B.: Anthony G. Milisauskas Issue/Holding: ¶30 While Wis. Stat. § 939.45(5) recognizes the right of a parent to inflict corporal punishment to correct or discipline a child, that right of parental discipline has its limits. Kimberly seems to suggest that the statute prohibits only force that… Read more
State v. Munir A. Hamdan, 2003 WI 113, on bypass For Hamdan: Chris J. Trebatoski Issue/Holding: Wis. Const. Art. I, § 25 (right to bear arms) does not establish a privilege defense to CCW, § 941.23, under § 939.45. As to subs. (1): “The existence of random, albeit frequent, criminal conduct in one’s vicinity does… Read more
State v. Carroll D. Watkins, 2002 WI 101, affirming as modified 2001 WI App 103, 244 Wis. 2d 205, 628 N.W.2d 419 For Watkins: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: Accident has long-existed as a defense that “excuses” homicide, and therefore is incorporated in § 939.45(6) as a privilege “for any other reason.” ¶37. It is… Read more
