On Point blog, page 2 of 2
Jury instruction wasn’t erroneous, and evidence was sufficient to sustain verdicts
State v. John D. Harris, 2014AP1292-CR, District 1, 12/23/14 (1-judge decision; ineligible for publication); case activity
Harris isn’t entitled to a new trial based on alleged errors in the jury instruction for disorderly conduct, and the evidence is sufficient to support the guilty verdicts for that charge and a charge of battery.
SCOW: Jury need not unanimously agree on the location of an alleged sexual assault
State v. Darryl J. Badzinski, 2014 WI 6, reversing unpublished court of appeals decision; case activity
Badzinski was charged with sexually assaulting his niece, A.R.B., during a family gathering at the home of his parents. (¶¶8-9). A.R.B. testified the assault occurred in a specific room–the basement laundry room. (¶11). But there was also testimony from multiple defense witnesses that it was not possible for the assault to have happened in the laundry room.
Terry stop — reasonable suspicion based on presence at house that was subject to surveillance and scene of earlier transaction. Jury instruction — PTAC; identifying person defendant was alleged to be aiding or abetting.
State v. Roland Derliel Graham, 2013AP440-CR, District 1, 12/29/13; court of appeals decision (not recommended for publication); case activity
Reasonable suspicion for seizing defendant
¶15 We conclude that under the totality of the circumstances described by [Officer] Wiesmueller, there was reasonable suspicion to stop Graham. Graham was stopped on property that had been the subject of DEA and police surveillance for suspected drug activity. Earlier on the day of Graham’s arrest,
TPR — Failure to assume parental responsibility: special verdict questions; instruction that lack of opportunity and ability is not a defense. Abandonment: Leave to amend petition
Dane County DHS v. John L.-B., 2013AP462, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity
This decision rejects Dane County’s appeal from the dismissal of a TPR petition after a jury verdict in favor of the parent. Here’s the factual background:
Dane County filed a TPR petition against John L.-B. in January 2012, alleging failure to assume parental responsibility and six months of abandonment.
SVP Commitment – Jury Instructions: “Mental Disorder”
State v. Jonathan Phillips, 2010AP1490, District 4, 4/26/12
court of appeals decision (not recommended for publication); for Phillips: Steven D. Grunder, SPD, Madison Appellate; case activity; originally recommended for publication, changed per order 5/1/12
Although admittedly “inconsistent” in the way it defines “mental disorder,” when read “as a whole,” the pattern jury instruction for ch. 980 commitments (Wis JI—Criminal 2502) adequately conveys the required nexus between mental disorder and serious difficulty controlling behavior.