On Point blog, page 1 of 1
SCOW to address how the castle doctrine interacts with perfect self-defense
State v. Alan M. Johnson, 2018AP2318-CR, review of published opinion granted 9/16/20; case activity (including briefs)
Issues for review (from the State’s Petition)
1. Was Johnson entitled to a jury instruction for perfect self-defense based on his testimony concerning his motivation for trespassing with a loaded firearm in KM’s house, despite the fact that KM was unarmed, shot five times, and Johnson could not recall anything about the shooting other than that KM “lunged” at him?
2. Was Johnson entitled to submission of the lesser-included offense of second-degree reckless homicide under the above circumstances?
3. Did the circuit court erroneously exercise its discretion in excluding evidence of alleged child pornography Johnson found on KM’s computer before he killed KM?
SCOW DIGs case on solicitation of 1st degree reckless injury
If you’re waiting for a decision on whether solicitation of 1st degree reckless injury is a crime in Wisconsin and on whether solicitation of 1st degree recklessly endangering safety is a lesser included offense of 1st degree reckless injury, STOP! SCOW just dismissed the case raising these issues–State v. Kelly James Kloss–as improvidently granted. SCOW’s really DIGing it this term. This is the second time in less than a month that it has issued a Dismissed as Improvidently Granted order.
SCOW to address whether solicitation of reckless conduct is a crime
State v. Kelly James Kloss, 2018AP651-CR, petition and cross petition for review of a published court of appeals decision, both granted 6/11/19; case activity (including briefs)
Issues:
Is solicitation of first degree reckless injury a crime under Wisconsin law?
Is solicitation of first degree recklessly endangering safety a lesser included offense of first degree reckless injury, making conviction for both offenses multiplicitous in this case?
Forgoing lesser-included instruction a reasonable strategic choice
State v. Terry S. Shannon, 2015AP922, 12/7/2016, District 2 (not recommended for publication); case activity (including briefs)
Terry Shannon appeals the denial of his Wis. Stat. § 974.06 motion. He was convicted, at trial, of first-degree intentional homicide; he alleges his trial counsel was ineffective for not requesting that the jury be instructed on second-degree intentional.