Court Error – Jury Instructions

By: Derek Hawkins//January 22, 2018//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. James S. Storm

Case No.: 2017AP459-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Court Error – Jury Instructions

James Storm appeals a judgment convicting him of third-degree sexual assault and an order denying his postconviction motion for a new trial. Storm argues the circuit court erred by denying his request for a lesser included offense jury instruction on fourth-degree sexual assault. He also argues the court provided an “insufficient and confusing” response to a question from the jury about whether third-degree sexual assault requires “intentional” conduct.

We conclude fourth-degree sexual assault is not a lesser included offense of third-degree sexual assault, at least as that offense was charged in this case. We further conclude the circuit court’s response to the jury’s question regarding intent does not provide a basis to grant Storm a new trial. We therefore 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.

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