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5. Denial of right to defense

How to beat the “harmless error” rap

For the 2015 SPD conference, Judge Sankovitz and Attorneys Rob Henak and Melinda Swartz prepared an excellent outline on a problem that plagues many defense lawyers on appeal.  They have a great issue. They win it, but then the court of appeals or supreme court finds the error harmless.  This detailed, well-researched outline walks you… Read more


State v. Thomas G. Kramer, 2006 WI App 133, PFR filed 7/10 For Kramer: Timothy A. Provis Issue/Holding: Any error in exclusion of evidence claimed necessary to support the theory of imperfect self-defense would have been harmless: ¶26      …  Our inquiry, therefore, is whether it is “clear beyond a reasonable doubt that a rational jury… Read more