Criminal Procedure — defense-of-others privilege

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — defense-of-others privilege

Gabriel Justin Bogan appeals from: (1) a judgment of conviction entered after a jury found him guilty of first-degree reckless homicide with use of a dangerous weapon and first-degree recklessly endangering safety with use of a dangerous weapon, see Wis. Stat. §§ 940.02(1), 941.30(1), & 939.63(1)(b) (2011-12); and (2) the trial court’s order denying his postconviction motion. He argues that he received constitutionally ineffective assistance from his trial counsel because counsel failed to argue that the defense-of-others privilege applied, and failed to request the defense-of-others jury instruction. Because there was no evidence to support the defense-of-others privilege, we affirm. Not recommended for publication in the official reports.

2014AP285-CR State v. Bogan

Dist I, Milwaukee County, Sankovitz, Wagner, JJ., Brennan, J.

Attorneys: For Appellant: Rosen, Mark S., Waukesha; For Respondent: Loebel, Karen A., Milwaukee; Probst, Robert, Madison