Postconviction Motion Denied

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Devin T. White

Case No.: 2016AP119-CR

Officials: Brennan, P.J., Brash and Dugan, JJ.

Focus: Postconviction Motion Denied

Devin T. White appeals an order of the trial court denying his postconviction motion for a new trial. White was convicted by a jury of first-degree reckless homicide with use of a dangerous weapon, WIS. STAT. § 940.02 (2015-16). White essentially argues that (1) the trial court’s instructions misapplied the law of self-defense as it pertains to first-degree reckless homicide and (2) trial counsel was ineffective for failing to object to the substance of the § 940.02 jury instruction on the grounds that it misstated the law by not properly instructing the jury that the State had the burden of proving beyond a reasonable doubt that White did not act lawfully in self-defense.

In denying White’s postconviction motion for a new trial, the trial court found that “the instructions accurately stated the law as a whole” and that it had specifically included instructions that the State had the burden of proving beyond a reasonable doubt that White did not act in self-defense. It also found “that if the court did not organize the instructions in the proper order, the error was harmless.” The trial court then found based on those conclusions “that trial counsel was not ineffective for failing to object to the jury instructions as given.” This court agrees with the trial court. Therefore, we 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.