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Jury Instructions

By: Derek Hawkins//July 11, 2018//

Jury Instructions

By: Derek Hawkins//July 11, 2018//

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WI Supreme Court

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

Case No.: 2018 WI 73

Focus: Jury Instructions

This is a review of a published decision of the court of appeals, State v. Langlois, 2017 WI App 44, 377 Wis. 2d 302, 901 N.W.2d 768, affirming the Washington County circuit court’s judgment of conviction for Joseph T. Langlois (“Langlois”) for homicide by negligent handling of a dangerous weapon, contrary to Wis. Stat. § 940.08(1) (2015-16), and its denial of Langlois’ postconviction motions.

On review, we consider two issues. First, we consider whether the jury instructions were erroneous. We conclude that they were not, because, taken as a whole, they accurately state the law. Consequently, we conclude that there is no basis for Langlois’ claim of ineffective assistance of counsel, there is no due process violation, and reversal in the interest of justice is not appropriate. Second, we consider whether there was sufficient evidence to support the jury’s verdict. We conclude that there was, because the evidence, viewed most favorably to sustaining the conviction, supports a finding of guilt beyond a reasonable doubt. Thus, we affirm the decision of the court of appeals.

Affirmed

Concur:

Dissent: ABRAHAMSON, J., dissents (opinion filed). R.G. BRADLEY, J., dissents (opinion filed).

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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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