By: Derek Hawkins//May 22, 2018//
WI Court of Appeals – District I
Case Name: State of Wisconsin v. Darryl Allen Flynn
Case No.: 2017AP935
Officials: Brennan, P.J., Brash and Dugan, JJ
Focus: Ineffective Assistance of Counsel
Darryl Allen Flynn, pro se, appeals an order denying his motion for postconviction relief. Flynn argues that his trial lawyer ineffectively represented him by failing to object to jury instructions that: (1) did not inform the jury of the State’s burden to disprove self-defense beyond a reasonable doubt for first-degree and second-degree reckless homicide; (2) did not inform the jury that, with regard to self-defense, a belief could be reasonable, even though it is mistaken; (3) did not properly inform the jury to consider the law of self-defense of others with each offense; and (4) did not inform the jury that Flynn had a right to protect his children. Flynn further argues we should exercise our discretionary power to grant him a new trial in the interests of justice under WIS. STAT. § 752.35 (2015-16). We affirm.