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Jury Instruction – Sufficiency of Evidence

By: Derek Hawkins//April 12, 2017//

Jury Instruction – Sufficiency of Evidence

By: Derek Hawkins//April 12, 2017//

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WI Court of Appeals – District IV

Case Name: State of Wisconsinv. Nanci L. Gavin

Case No.: 2016AP4870-CR

Officials: Lundsten, Sherman and Blanchard, JJ.

Focus: Jury Instruction – Sufficiency of Evidence

Nanci Gavin appeals the circuit court’s judgment convicting her, after a jury trial, of one count of operating a vehicle to flee an officer and three counts of obstructing an officer. Gavin argues that: (1) the evidence was insufficient to support a guilty verdict on the operating-a-vehicle-to-

flee charge; (2) errors in the jury instructions deprived Gavin of a fair trial; (3) the exclusion of evidence relating to Gavin suffering from post-traumatic stress disorder (PTSD) violated Gavin’s right to present a defense; and (4) the combined effect of instructional and evidentiary errors prevented the real controversy from being fully tried. We reject Gavin’s arguments, and 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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