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F. Instructions

State v. Theophilous Ruffin, 2019AP1046-CR, District 1, 3/9/21 (not recommended for publication); case activity (including briefs) Ruffin raises three challenges to how the jury was instructed at his trial. Two are rejected in all respects, but one—regarding trial counsel’s decision to withdraw a self defense instruction—gets him a Machner hearing. Ruffin was charged with mayhem… Read more

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State v. Donald P. Coughlin, 2019AP1876-CR, District 4, 3/4/21 (not recommended for publication); case activity (including briefs) In 2010 Coughlin was charged with over 20 counts of having sexual contact with three different children during various periods between 1989 and 1994. The court of appeals holds the evidence was insufficient to convict him of the… Read more

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State v. Chidiebele Praises Ozodi, 2019AP886-CR, District 2, 12/16/20 (not recommended for publication); case activity (including briefs) The legislature amended § 939.42 in 2013 Wis. Act 307 to eliminate the defense of voluntary intoxication when the intoxication negated the existence of a requisite mental state, like intent or knowledge. But because the state has the… 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. Troy R. Lasecki, 2020 WI App 36; case activity (including briefs) Wonders never cease. The State charged Lasecki with 2 counts of failure to return security deposits to tenants in violation of Wis. Admin Code. §ATCP 134.06(2) and §§100.20(2) and 100.26(3)(2013-3104). Lasecki proceeded pro se at trial, and a jury convicted  on both… Read more

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State v. Kaprisha E. Greer, 2019AP806-CR, District 1, 1/22/20 (one-judge decision; ineligible for publication); case activity (including briefs) Greer seeks a new trial in the interest of justice on the ground that the jury at her disorderly conduct trial should have been instructed about the meaning of “true threat” because the state elicited evidence about… Read more

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State v. Kari E. Mravik, 2018AP2300-CR, District 4, 8/29/19 (one-judge decision; ineligible for publication); case activity (including briefs) At her OWI 2d trial, Mravik asked the judge to modify Wis. J.I.—Criminal 2663’s definition of “under the influence of an intoxicant.” The trial judge declined. The court of appeals finds no error because the instruction as a… Read more

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SCOW rejects challenges to JI-140

State v. Emmanuel Earl Trammell, 2019 WI 59, May 31, 2019, affirming an unpublished court of appeals decision; case activity (including briefs) Trammell challenged Wis. JI—Criminal 140, Wisconsin’s standard instruction on the burden of proof in a criminal case, arguing it dilutes the state’s burden of proving guilt beyond a reasonable doubt. His primary challenge was… Read more

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