State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9 For Head: John D. Hyland, Marcus J. Berghan Issue/Holding: ¶103. Based on the plain language of Wis. Stat. § 940.05(2), supported by the legislative history and articulated public policy behind the statute, we conclude that when imperfect self-defense is placed in… Read more
F. Instructions
State v. William G. Johnson, 2001 WI 52, 243 Wis. 2d 365, 627 N.W.2d 455 For Johnson: Martha K. Askins, SPD, Madison Appellate Issue: Whether § 948.025 (repeated sexual assault of a child) violates the rights to due process and unanimous verdict by not requiring unanimity that each predicate act occurred. Holding: Unanimity is required on the… Read more
State v. LaVere D. Wenger, 225 Wis.2d 495, 593 N.W.2d 467 (Ct. App. 1999) For Wenger: Richard L. Wachowski Holding: Duty-to-retreat instruction, Wis JI-Crim 810, properly submitted, though retreat would have been into defendant’s own home: Here, the trial court used the pattern instruction to inform the jury of the applicable law on retreat. The… Read more
State v. Gordon Hammer, 216 Wis. 2d 214, 576 N.W.2d 285 (Ct. App 1997) For Hammer: Charles W. Jones, Jr. Issue: Whether juror unanimity is required for burglary, as to which felony was intended during the unlawful entry. Holding: In addressing Hammer’s unanimity claim, we engage in a two-step process. We must first determine whether… Read more
