On Point blog, page 1 of 1
Evidence insufficient to invoke “defense of others” privilege
State v. Gabriel Justin Bogan, 2014AP285-CR, District 1, 10/14/14 (not recommended for publication); case activity
In this 1st-degree reckless homicide and 1st-degree reckless endangering safety case, the court of appeals held that the evidence presented at trial did not support a “defense of others” jury instruction. Thus, Bogan’s trial lawyer was not ineffective for failing to pursue that theory of defense.
Court of Appeals: Pattern jury instruction on self-defense for reckless or negligent crimes does not provide a proper statement of the state’s burden of proof
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.
Austin stabbed two people during a confrontation on a street and was charged with two counts of first-degree recklessly endangering safety with a dangerous weapon.
Defense of Others – Terminating Interference by Police Officer
State v. John F. Giminski, 2001 WI App 211, PFR filed 9/20/01
For Giminski: Edward J. Hunt
Issue: Whether the defendant was entitled to invoke the privilege of defense of others, § 939.48(4), in using potentially deadly force against police officers who had pulled a gun on his daughter while executing a valid warrant.
Holding:
¶13. (T)he privilege of defense of others, like the privilege of self-defense,