11-3608 U.S. v. Carter
10-3687 Cotts v. Osafo
11-1954 U.S. v. Collins
2010AP2811-CR State v. Martin
2010AP1490 State v. Phillips
11-2502 Cook v. IPC International Corp.
2010AP2615 Trudeau, et al. v. Physicians Insurance Company of Wisconsin Inc., et al.
10-3816 Javier v. City of Milwaukee
11-2055 U.S. v. Wu
11-2046 U.S. v. Pabey
2011AP388-CR State v. Van Camp
Substantial battery
Self-defense; jury instructions
Motor Vehicles
OWI; jury instructions
Sexually Violent Persons
Jury instructions
Although there are no standard jury instructions in the 7th Circuit for harboring illegal aliens, an Aug. 4 opinion provides support for defendants to request a specific intent instruction.
Exhibiting Harmful Material to a Child
Sufficiency of the evidence; jury instructions
Criminal Procedure Jury instructions; constructive possession The pattern jury instruction for constructive possession is not misleading. “We decline Mokol’s invitation to hold that the Seventh Circuit Pattern Criminal Federal Jury Instruction for constructive possession misleads juries into convicting defendants on a conspiracy theory of liability. These two respective forms of liability have different elements, which [...]
Torts Medical malpractice; collateral source rule; alternative treatments; jury instructions Theresa Weborg and her children, who are the surviving spouse and children of William Weborg, appeal judgments finding in favor of Dr. Joseph Rebhan, Dr. Donald Jenny and Dr. Erik Borgnes on the Weborgs’ medical malpractice actions against them. The Weborgs contend they are entitled [...]
Civil Procedure Jury instructions; waiver The defendants waived their objections to the jury instructions by failing to raise them. “The error in the jury instruction is simply a trial error that the defendants could have challenged on the merits, but they failed to do so at any appropriate point in time. At trial, the defendants [...]
The Residential Landlord Tenant relationship is controlled by two main areas of law: (1) Chapter 704 of the Wisconsin Statutes, and (2) the Wisconsin Administrative Code, Chapter ATCP 134 entitled “Residential Rental Practices.”
Hazardous Waste Intent; jury instructions Dale Knutson and CAAP, Inc. (collectively Knutson) appeal from judgments of conviction of party to the crime of the unlicensed storage of hazardous waste contrary to Wis. Stat. § 291.97(2)(b)2. (2009-10). Knutson argues that the jury was improperly instructed that the prosecution only had to prove that Knutson knew that [...]
3rd-degree sexual assault Sufficiency of the evidence; jury instructions; intent Dennis J. Thornton was found guilty of third-degree sexual assault, contrary to Wis. Stat. § 940.225(3) (2009-10), following a jury trial. Thornton challenges his conviction on three grounds. First, he contends that the jury instruction should have been modified to include “knowledge of nonconsent” as [...]
Torts Negligence; jury instructions; causation Sandra and Michael Froseth appeal the judgment entered in their personal injury action against Michael Brenizer. The Froseths argue the circuit court erroneously excluded reference to the substantial factor test in the jury instructions. The Froseths further contend that Brenizer’s offer of judgment was deficient, thereby precluding a costs award, [...]
Civil Commitment Jury instructions; sufficiency of the evidence Michael B. appeals an order extending his Wis. Stat. ch. 51 mental health commitment. Michael asserts the jury instructions directed the jury to find he was dangerous and there was insufficient evidence to support a finding of dangerousness. We disagree and affirm. This opinion will not be [...]
Civil Procedure Jury instructions; peremptory strikes Steven Thomas sued various paint manufacturers, alleging that childhood exposure to white lead carbonate found in their products caused injury to his brain. A jury returned a verdict in favor of the Manufacturers. Thomas contends he is entitled to a new trial because of flaws in the verdict form, [...]
Criminal Procedure Jury instructions; ineffective assistance; judicial recusal Morris L. Harris appeals the judgment entered after a jury found him guilty of battery to a domestic-abuse-injunction petitioner, see Wis. Stat. §§ 940.20(1m)(a) & 813.12, and substantial battery with intent to cause bodily harm, see Wis. Stat. § 940.19(2), both while armed and as an habitual [...]
