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F. Instructions

State v. Sergio Moises Ochoa, 2022 WI App 35; case activity (including briefs) Ochoa, charged with two counts of first degree intentional homicide, claimed self defense. The court of appeals rejects his claims that the circuit court violated his right to present his defense by excluding certain evidence he wanted to present. The court also… Read more

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State v. Donald P. Coughlin, 2019AP1876-CR, 2022 WI 43, reversing an unpublished court of appeals opinion; case activity (including briefs) How should an appellate court measure the sufficiency of the evidence to support a jury verdict where the instructions and the special verdict define the crime differently? In a 5-1 opinion, the majority held, based… Read more

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State v. Antonio Darnell Mays, 2022 WI App 24; case activity (including briefs) Mays was accused of forcing his way into an apartment with and firing a gun at at least one of its occupants. One occupant fired back; in the end, two people were dead. The state initially charged Mays with, among other things… Read more

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State v. Michael T. Dewey, 2021AP174-CR, District 4, 4/14/22 (not recommended for publication); case activity (including briefs) Dewey was charged with three dozen counts of child sexual assault related crimes alleged to have occurred during various times between 2005 and 2013. He argues the charging periods for most of the counts were “too long and… Read more

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State v. Carl Lee McAdory, 2021 WI App 89; case activity (including briefs) McAdory was charged with driving with a detectable amount of restricted controlled substances—cocaine and THC—and driving under the influence of those substances. At trial, the state convinced the trial judge to modify the standard jury instruction for the latter charge, Wis. J.I.—Criminal… Read more

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State v. Donald P. Coughlin, 2019AP1876-CR, petition for review of an unpublished court of appeals decision granted 9/14/21; case activity (including briefs) Issues presented (from State’s petition for review) 1. How does a court consider the theory of guilt in an evidence sufficiency claim when an inconsistency exists between a jury instruction and verdict? 2… Read more

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State v. Jacky Lee, 2020AP1633, 7/27/21, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) The state arrested Lee for second-offense OWI and PAC violations. The intoximeter breath test he took at the police department was video-recorded. However, due to the state’s delay in charging Lee, he did not request the video until… Read more

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State v. Michael J. Foster, 2020AP2149-CR, District 4, 7/29/21 (not recommended for publication); case activity (including briefs) A defendant claiming that trial counsel was ineffective for failing to ask for a theory of defense jury instruction must propose the language the instruction should have included and establish it is a correct statement of the law… Read more

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