State v. Langston C. Austin, 2013 WI App 96; case activity In this important case the court of appeals holds that the pattern jury instruction for self-defense in cases involving reckless or negligent crimes does not properly apprise the jury that the state has the burden to prove the defendant did not act in self-defense… Read more
F. Instructions
State v. Neumann, 2011AP1044 and 2011AP1105, on certification from the court of appeals; case activity; majority opinion by C.J. Abrahamson. In a 94-page decision, including a lone dissent by Justice Prosser, the Supreme Court of Wisconsin has affirmed the 2nd degree reckless homicide convictions of Dale and Leilani Neumann for the death of their 11-year… Read more
State v. Courtney C. Beamon, 2013 WI 47, on review of published court of appeals decision; case activity; majority opinion by Justice Roggensack Beamon was tried for fleeing an officer under § 346.04(3), which requires proof that the person knowingly fled or attempted to elude an officer in one of three ways: 1) by willful or… Read more
Dane County DHS v. John L.-B., 2013AP462, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity This decision rejects Dane County’s appeal from the dismissal of a TPR petition after a jury verdict in favor of the parent. Here’s the factual background: Dane County filed a TPR petition against John L.-B. in… Read more
State v. Larry D. Wright, 2012AP1175-CR, District 1, 5/7/13; court of appeals decision (not recommended for publication); case activity The trial court did not erroneously exercise its discretion in instructing the jury by giving Wis. J.I.-Criminal 172 (evidence of defendant’s conduct showing consciousness of guilt), as it was supported by evidence that Wright bribed the complaining witness… Read more
Review of unpublished court of appeals decision; case activity Issue (composed by On Point) Did the circuit court’s answer to a question posed by the jury during deliberations allow the jury to base its verdict on speculation and conjecture? Because petitions for review are not available on the court’s website, the issue statement was composed based… Read more
City of West Allis v. Robert C. Braun, 2012AP1199, District 1, 4/9/13; court of appeals decision (1-judge, ineligible for publication); case activity The trial court erroneously instructed the jury in a municipal forfeiture case that the defendant was presumed innocent, and the City is therefore entitled to a new trial: ¶12 Here, the circuit court seemed… Read more
Review of unpublished court of appeals decision; case activity Issues (composed by On Point) 1. Whether the jury instructions on self defense as it pertained to second degree reckless homicide fairly and adequately explained the defense to the jury. 2. Whether trial court erroneously excluded evidence of the victim’s reputation for violence. Petitions for review aren’t… Read more
