State v. Morris L. Harris, 2009AP2833-CR, District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Lesser-Included Instruction – Battery Harris not entitled to instruction on simple battery as lesser included of substantial battery; the medical evidence established without contradiction that the victim suffered a fractured rib, therefore no… Read more
F. Instructions
decision below: unpublished; prior On Point post; for Burris: Byron C. Lichstein Issue (from Table of Pending Cases): Was the trial court’s supplemental jury instruction that was issued in response to a question from the jury and that quoted verbatim from a Supreme Court opinion an impermissibly misleading instruction under the standards established by State v… Read more
State v. Jennette L. Ellifritz, 2010AP713-CR, District 2, 9/1/10 court of appeals decision (1-judge, not for publication); for Ellifritz: Gary Grass; BiC; Resp.; Reply Obstructing – Unanimity – Course of Conduct Because Ellifritz’s actions occurred during a single course of action, over a short (40-second) period of time, instructional failure to require agreement as to… Read more
State v. Tarence A. Banks, 2010 WI App 107; for Banks: Scott D. Obernberger; BiC; Resp.; Reply Evidence – Comment on Refusal to Provide DNA – Ineffective Assistance Prosecutorial use of Banks’ refusal, after arrest, to provide a warrantless DNA sample penalized him for exercising a constitutional right. Because no contemporaneous objection was made, the… Read more
State v. Donald L. Schultz, 2010 WI App 124 (decision originally issued 7/20/10, subsequently withdrawn; reissued 8/17/10); for Schultz: Margaret A. Maroney, Steven D. Phillips, SPD, Madison Appellate; BiC; Resp.; Reply Venue – Instruction ¶12 Although venue is not an element of a crime, it nonetheless must be proved beyond a reasonable doubt. State v… Read more
State v. Esteban M. Gonzalez, 2010 WI App 104, reversed, 2011 WI 63, see: this post; for Gonzalez: Kristin Anne Hodorowski; BiC; Resp.; Reply Jury Instructions – Exposing Child to Harmful Materials The pattern instruction on exposing a child to harmful material, § 948.11(2)(a), accurately recites the elements, including scienter. ¶11 We agree with the trial… Read more
court of appeals decision (1-judge; not for publication); for Heindl: Lisa A. McDougal; BiC; Resp.; Reply Jury Instructions – Self-Defense Trial for battery, which the State theorized occurred when Heindl put Lien in a headlock from behind. Heindl himself suffered scratches and swelling about an eye, but was seriously drunk and had difficulty giving a… Read more
court of appeals decision (3-judge, not recommended for publication); Resp Br; Reply “Great Bodily Harm” Instruction defining “great bodily harm” as “serious bodily injury” adequate, under controlling authority of State v. Mahlik D. Ellington, 2005 WI App 243, ¶¶6-10… Read more
