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