Sufficiency of Evidence – Jury Instruction

Listen to this article

WI Supreme Court

Case Name: State of Wisconsinv. Robert JosephStietz

Case No.: 2017 WI 58

Focus: Sufficiency of Evidence – Jury Instruction

Following a three-day trial, a jury convicted Robert Stietz, the defendant, of resisting a law enforcement officer, Wis. Stat. § 946.41(1) (2013-14), and intentionally pointing a firearm at an officer, § 941.20(1m)(b). On appeal, the court of appeals rejected the defendant’s argument that his constitutional right to present a defense was denied by the circuit court’s refusal to instruct the jury on self-defense. The court of appeals affirmed the judgment of conviction. The dispositive issue presented is whether the circuit court erred when it refused to instruct the jury on self-defense as the defendant requested. The dispute in the instant case regarding the self-defense instruction centers on whether the defense of self-defense is supported by sufficient evidence. State v. Head, 2002 WI 99, ¶113, 255 Wis. 2d 194, 648 N.W.2d 413. On viewing the record in the light most favorable to the defendant, as we must, we conclude, contrary to the State’s position, that there was adequate evidence supporting a selfdefense instruction in the instant case and that the circuit court erred in refusing the defendant’s request for the instruction.

Reversed and Remanded

Concur: Bradley, Roggensack, Kelly

Dissent: Ziegler, Gablemen

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.