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00-0064 State v. Watkins

By: dmc-admin//July 15, 2002//

00-0064 State v. Watkins

By: dmc-admin//July 15, 2002//

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“First, the circuit court did not provide a clear analysis of its thinking on the legal issues surrounding self-defense and accident. … It is not clear from the record exactly how the court evaluated the defendant’s accident defense at trial. Accident is not mentioned in the court’s oral decision. Had the court submitted instructions to the jury, the court and the parties could have agreed upon legal principles to work from or at least identified points of disagreement. In retrospect, the defendant’s reliance on the accident defense may have been grounded on assumptions that would not have survived a jury instruction conference. In a trial to the court, the parties and the court must work to assure that all parties share an understanding of the principles that will govern the court’s decision.

“Second, Watkins complains that his trial counsel was ineffective for failing to investigate Glenn Malone’s criminal history and reputation for violence, and to proffer such evidence either at trial or at sentencing. We have no need here to resolve issues about the admissibility of such evidence, but we are concerned that counsel appears not to have been aware of such evidence, for whatever value it might have been to the defendant’s case. …

“In this case it is far from clear whether a new trial will result in a different verdict, or in precisely the same verdict previously rendered. However, for the reasons stated above, we conclude that this case has not been fully and fairly tried.

Accordingly, we modify and affirm the decision of the court of appeals reversing Watkins’ conviction.

We further remand the case to the circuit court for a new trial.”

Court of Appeals; Prosser, J.

Attorneys:

For Appellant: Steven P. Weiss, Madison

For Respondent: Stephen W. Kleinmaier, James E. Doyle, Madison

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