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§ 948.31, Interference with Custody — Affirmative Defense

State v. Mark Inglin, 224 Wis.2d 764, 592 N.W.2d 666 (Ct. App. 1999)
For Inglin: Stephen M. Glynn & Robert R. Henak

Holding: Inglin argues denial of right to offer an affirmative defense to § 948.31(1)(b), namely that his actions were necessary to prevent mental harm to the child. Although his argument “present[s] an intriguing due process theory based on the interplay of § 948.04(2), Stats., and 948.31(4)(a), Stats. É the trial record does not support his premise – that he was denied the opportunity to present his requested affirmative defense.” Inglin was allowed to testify without impediment, and his testimony did not establish the affirmative defense he now posits.

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