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F. Instructions

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State v. Emmanuel Earl Trammell, 2019 WI 59, May 31, 2019, affirming an unpublished court of appeals decision; case activity (including briefs) Trammell challenged Wis.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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State v. Alberto E. Rivera, 2018AP952-CR, 4/30, District 1 (not recommended for publication); case activity (including briefs). The State charged Rivera with a homicide and an attempted homicide that occurred in 2015. Before trial, it moved to introduce “other acts” evidence–a homicide that Rivera committed in 1997. The trial court tentatively denied the motion. But… Read More

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State v. Martez C. Fennell, 2017AP2480-CR, District 1, 3/26/19 (not recommended for publication); case activity (including briefs) Fennell unsuccessfully challenges his convictions for armed robbery and operating a vehicle without the owner’s consent, arguing that the charges are multiplicitous and that trial counsel should have subpoenaed a witness who would have impeached the victim’s identification… Read More

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State v. Emmanuel Earl Trammell, 2017AP1202-CR, petition for review of per curiam opinion granted 11/13/18; case activity (including briefs) Issues (from the petition for review): 1.   Is this Court’s holding in Avila–that it is “not reasonably likely” that the standard JI-140 reduces the State’s burden of proof–good law; or should it be overruled by the… Read More

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