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5. Defense of self

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… Read More

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State v. Alan M. Johnson, 2020 WI App 50; case activity (including briefs) Johnson killed his brother-in-law, K.M., while he was in K.M.’s house, uninvited, to look to see whether K.M. had child porn on his computer. The court of appeals orders a new trial for Johnson because the trial court erred in denying Johnson’s… Read More

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State v. Devon L. Loggins, 2017AP2045-CR, 7/31/18, District 1 (unpublished); case activity (including briefs) A fight between the Loggins and Jones families escalated into a violent melee involving at least 20 people. Some of them were punching Loggins, who saw a gun fall from one participant’s hoodie. He picked it up. Someone kicked him, and… Read More

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State v. Joseph T. Langlois, 2018 WI 73, 6/20/18, affirming a published court of appeals decision, 2017 WI App 44; case activity (including briefs) A majority of the supreme court concludes that the jury instructions given in this case, when viewed in their entirety, accurately stated the law the jury needed to decide the case. Two dissenting justices… Read More

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State v. J.D.V., 2017AP1057, District 3, 2/13/18 (one-judge decision; ineligible for publication); case activity J.D.V. (given the pseudonym “Joseph” by the court) was adjudged delinquent for punching Thomas, another juvenile, in the head outside of school. The incident was recorded by Charles, another student, using his electronic device. Based primarily on that recording the trial… Read More

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State v. Joseph T. Langlois, 2016AP1409-CR, petition for review of a published court of appeals decision granted 12/13/17; case activity (including briefs) Issues (composed by On Point): 1. Was trial counsel ineffective for failing to object to the jury instructions for self defense and accident on the lesser included charge of homicide by negligent handling… Read More

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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… Read More

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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… Read More

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