Jury Instructions – Court Error

By: Derek Hawkins//July 12, 2016//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Tory C. Johnson

Case No.: 2015AP1322-CR

Officials: Curley, P.J., Kessler and Brennan, JJ.

Focus: Jury Instructions – Court Error

Appellant Tory Johnson was convicted, after a jury trial, of causing substantial bodily harm to a police officer while resisting the officer, contrary to WIS. STAT. §§ 946.41(1), (2r) (2013-14). On appeal, Johnson argues that the evidence was insufficient to establish that he resisted the officer because: (1) there is no evidence of physical resistance to the stop or questioning; (2) the officers were acting without lawful authority; and (3) the officers did not have probable cause. Johnson also argues that the jury instructions were erroneous and justice has miscarried because the “Legal Issue” jury instruction misstated the law and because the State was relieved of its burden of proof regarding the self-defense instruction. For the reasons discussed, we affirm

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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