On Point blog, page 7 of 22
Court of Appeals splits over mishmash approach to instructing jury, affirms homicide conviction
State v. Joseph T. Langlois, 2017 WI App 44, petition for review granted 12/13/17, affirmed, 2018 WI 73; case activity (including briefs)
We all know that an appellate court determines the accuracy of a trial court’s jury instructions by reviewing them as a whole, not in isolation. State v. Pettit, 171 Wis. 2d 627, 637-638, 492 N.W.2d 633 (Ct. App. 1992). But surely this doesn’t mean that a “whole” that includes incomplete, inaccurate instructions for some charges is fine so long as it includes the correct instructions for other charges. Surely we don’t expect 12 people unfamiliar with the complex law of “self defense” and “accident” to determine which versions of these instructions are correct and whether the same version applies to three distinct charges. This split opinion says “sure we do.” Judge Reilly objects to the majority’s “as long as the correct words are in there somewhere” approach to instructing a jury. Hopefully, SCOW will too.
SCOW: Defendant entitled to self-defense instruction
State v. Robert Joseph Stietz, 2017 WI 58, 6/13/17, reversing a per curiam decision of the court of appeals; case activity (including briefs)
This case breaks no new legal ground, but simply reaffirms some long-standing rules governing when a trial judge should instruct a jury on self-defense: The defendant has only to meet the “low bar” of producing “some evidence” to support the defense; the evidence supporting the instruction should be viewed in the light most favorable to the defendant; and that the trial judge shouldn’t weigh the credibility of the evidence because that’s the job of the jury. (¶¶12-23). Under the specific facts of this case, the trial judge erred in not giving Stietz a self-defense instruction. (¶¶24-60).
Court of appeals rejects numerous challenges to homicide conviction
State v. Ron Joseph Allen, 2016AP885, 6/13/17, District 1 (not recommended for publication); case activity (including briefs)
A jury convicted Ron Allen of first-degree intentional homicide as party to the crime. He raises various challenges to the conviction and sentence of life without extended supervision, but the court of appeals rejects them all.
Defense wins on restitution, loses on evidentiary issues
State v. Shawn W. Forgue, 2016AP2414-CR, 5/11/17, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs)
Forgue, convicted of misdemeanor battery and disorderly conduct, appealed the circuit court’s decision to exclude evidence of the victim’s prior violent conduct toward him (i.e. McMorris evidence) and her other bad acts. He also appealed an order setting restitution at $269.50 for the victim’s lost wages and $1,000 to the Crime Victim Compensation Program.
Court of appeals frowns strongly at state, declares error harmless
State v. Kyle Lee Monahan, 2014AP2187, 4/27/17, District 4 (not recommended for publication) review granted 11/13/17; Affirmed 6/29/18; case activity (including briefs)
Kyle Monahan was convicted of OWI homicide after a jury trial. The trial court excluded evidence offered to show that Monahan was not, in fact, driving the vehicle when it crashed. On appeal, the state agrees with Monahan that the evidence should have come in, but argues that its exclusion was harmless. The court of appeals agrees with the state.
No IAC for implying prior OWIs; stipulation to three priors valid; no issue preclusion on number of priors
State v. Bruce T. Henningfield, 2015AP1824-CR, 3/15/17 (not recommended for publication); case activity (including briefs)
Bruce Henningfield was convicted by a jury of OWI and PAC counts, and was sentenced on the OWI as a tenth or subsequent offense. He raises three issues related to his prior convictions; the court rejects them all.
Rodney Class v. United States, USSC No. 15-3015, cert granted 2/21/17
Whether a guilty plea inherently waives a defendant’s right to challenge the constitutionality of his statute of conviction?
Due process doesn’t forbid DNA surcharge where no sample taken
State v. Travis J. Manteuffel, 2016AP96-CR, 12/6/16, District 3 (1-judge decision; ineligible for publication); case activity (including briefs)
State v. Elward, 2015 WI App 51, 363 Wis. 2d 628, 866 N.W.2d 756, held it an ex post facto violation to require misdemeanants to pay the $200 DNA surcharge where the law imposing it went into effect after they had committed their crimes.
Defense win! County’s social host ordinances violates sec. 125.07(1)
County of Fond du Lac v. Stuart D. Muche, 2016 WI App 84; case activity (including briefs)
Muche threw a high school graduation party for his son and (gasp!) some of the underage guests brought beer to it. Sheriff’s deputies showed up and cited Muche for violation of Fond du Lac County’s social host ordinance, which resulted in a forfeiture of $1,000. This decision dismisses the forfeiture and, according to the Journal Sentinel, could require changes to “dozens of social host ordinances aimed at combatting underage drinking.” In short, this decision is SCOW bait.
Court of appeals interprets scope of Wisconsin’s new “Good Samaritan” immunity statute narrowly
State v. Marie Williams, 2016 WI App 82; case activity (including briefs)
Like other states, Wisconsin has an opioid addiction epidemic. To encourage people to summon emergency aid for someone who has overdosed, the legislature passed §961.443 which provides that that an “aider” is immune from prosecution for the possession of drug paraphernalia under §961.573 or a controlled substance or a controlled substance analog under §961.41(3g) when trying to help a victim of overdose.