Sufficiency of Evidence – Modification

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Telly Bernardo Johnson

Case No.: 2015AP1514-CR

Officials: Kloppenburg, P.J., Lundsten and Blanchard, JJ.

Focus: Sufficiency of Evidence  – Modification

Telly Johnson appeals a judgment convicting him of two counts of first-degree reckless homicide by delivery of a controlled substance and one count of delivery of heroin as a repeater following a jury trial. Johnson raises three issues related to the homicide counts. First, Johnson challenges the sufficiency of the evidence related to the causation element of the homicide offense. Second, Johnson challenges the circuit court’s denial of his requested modification of the reckless homicide jury instruction. And third, Johnson challenges the circuit court’s denial of his joinder/severance motion. For the reasons discussed below, we conclude that sufficient evidence supports the verdict, and that the circuit court’s rulings with regard to the jury instruction and joinder/severance are correct. Accordingly, we affirm the judgment of conviction.

Full Text

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.