Please ensure Javascript is enabled for purposes of website accessibility

Jury Instructions – Prejudicial Error

By: Derek Hawkins//July 20, 2015//

Jury Instructions – Prejudicial Error

By: Derek Hawkins//July 20, 2015//

Listen to this article

Criminal

WI Court of Appeals – District IV

Officials: Sherman, Kloppenburg and Neubauer, JJ.

Jury Instructions – Prejudicial Error

2011AP1496 State v. Johnathon T. Adeyanju

Appellant Johnathon T. Adeyanju appeals decision denying petition for postconviction relief arguing that the circuit court erred when reading the jury instruction for the second and third counts, which were two of the attempted homicide counts. Each time, the court stated: “To this charge, each of the defendants before you has entered a plea of guilty, which means the State must prove every element of the offense charged beyond a reasonable doubt.” (Emphasis added.) Adeyanju argues that this caused him prejudice by leading the jury to believe that he had already pled guilty. We conclude that Adeyanju was not prejudiced by this error. We believe that most jurors would understand this was an error by the court. The remainder of the instructions made it clear that it was the jury’s task to determine the defendants’ guilt on all counts that were the subject of the trial.

Decision

Affirmed. Per Curiam.

Full Text


Attorney Derek A. Hawkins is the managing attorney 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.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests