Jury Instruction – Court Error

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Michael W. Bryzek

Case No.: 2015AP1501-CR

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.

Focus: Jury Instruction – Court Error

The State appeals from a circuit court order vacating the judgment of conviction of Michael W. Bryzek and ordering a new trial. The State asserts the postconviction court erred when it granted Bryzek a new trial based on its determination that a modified jury instruction the trial court utilized invited the jury at his criminal trial to find Bryzek guilty based upon “new law.” The State contends that even though the modified instruction was based upon a statute that went into effect after Bryzek had committed key acts underlying the offense, this new statute was merely a codification of the common law. Bryzek argues the instruction failed to fully and fairly inform the jury of the law applicable to his alleged criminal acts, and thus the postconviction court did not err in granting him a new trial. We agree with Bryzek 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.