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12. Jury instructions/verdict

State v. Andre D. Hansbrough, 2011 WI App 79(recommended for publication); for Hansbrough: Amelia L. Bizzaro; case activity Verdict Forms – Harmless Error Failure to provide a not guilty verdict option with a lesser included offense instruction is, although error, not structural but is instead subject to analysis for harmlessness, ¶¶10-17. ¶9        At the outset, we… Read More

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State v. Lea B. Kolner, 2010AP1233-CR, District 3, 11/2/10 court of appeals decision (1-judge, not for publication); for Kolner: R. Michael Waterman; BiC; Resp.; Reply Curative Instruction Any impropriety in the prosecutor’s opening statement (alleged comment on right to silence) was presumptively cured by the trial court’s instruction to disregard the entire opening statement. ¶11     … Read More

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State v. William E. Draughon III, 2005 WI App 162, (AG’s) PFR filed For Draughton: Stephen L. Miller Issue/Holding: Although failure to instruct the jury on an element is subject to harmless error analysis per State v. Harvey, 2002 WI 93, ¶¶44, 49, 254 Wis. 2d 442, 647 N.W.2d 189, in this instance the error… Read More

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State v. Timothy Scott Bailey Smith, Sr., 2004 WI App 116, reversed on other grounds, 2005 WI 104 For Smith: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶10 The State points out that omissions in jury instructions are subject to a harmless-error analysis. See State v. Harvey, 2002 WI 93, ¶6, 254 Wis. 2d 442… Read More

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State v. Timothy M. Ziebart, 2003 WI App 258 For Ziebart: Robert R. Henak Issue/Holding: ¶26. Where the trial court incorrectly instructs the jury, this court must set aside the verdict unless that error was harmless; that is to say, unless there is no reasonable possibility that the error contributed to the conviction. State v… Read More

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