Court Error – Evidence and Jury Instructions

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Joseph T. Langlois

Case No.: 2016AP1409-CR

Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.

Focus: Court Error – Evidence and Jury Instructions

Joseph T. Langlois appeals from a judgment and an amended judgment of conviction entered after a jury found him guilty of homicide by negligent handling of a dangerous weapon. He further appeals from two orders denying his motions for postconviction relief. Langlois contends that there were errors in the court’s instructions to the jury on the defenses of accident and self-defense, which counsel let pass without objection, resulting in Langlois being denied the effective assistance of counsel. We disagree. The court properly instructed the jury that the State had the burden of disproving self-defense beyond a reasonable doubt. The accident and homicide by negligent handling of a dangerous weapon instructions correctly advised the jury that they had to find that Langlois’s conduct created an unreasonable and substantial risk of death or great bodily harm. Langlois also contends that the evidence presented was legally insufficient to support a conviction for homicide by negligent handling of a dangerous weapon. Again, we disagree. Thus, we affirm the judgments and orders.

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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.