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Imperfect Self Defense – Jury Instructions

By: Derek Hawkins//December 14, 2016//

Imperfect Self Defense – Jury Instructions

By: Derek Hawkins//December 14, 2016//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Terry S. Shannon

Case No.: 2015AP922

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Imperfect Self Defense – Jury Instructions

Terry S. Shannon was convicted by a jury in 2009 of first-degree intentional homicide and discharging a firearm from a vehicle, both as party to a crime, and sentenced to life in prison. We affirmed on Shannon’s direct appeal. Shannon seeks to have his conviction declared “unlawful” on grounds that the jury did not consider the affirmative defense of unnecessary defensive force (imperfect self-defense) under WIS. STAT. § 940.01(2)(b) (2013-14).  Shannon, with advice of counsel, made a reasonable strategic decision to go “allor-nothing” on first-degree intentional homicide with an assertion of perfect selfdefense, and the court correctly instructed the jury on WIS JI—CRIMINAL 805. Shannon’s trial and postconviction counsel were not deficient. 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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