By: Derek Hawkins//November 14, 2018//
WI Court of Appeals – District II
Case Name: State of Wisconsin v. Brittney R. Dixon
Case No.: 2017AP1920-CR
Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.
Focus: Jury Instructions
Brittney R. Dixon appeals from a judgment convicting her on two counts of homicide by operating a vehicle while having a controlled substance in her blood and one count of bail jumping and from an order denying her postconviction motion. The primary issue is whether the circuit court erred by refusing to instruct the jury about the affirmative defense to the homicide charges under WIS. STAT. § 940.09(2)(a) (2015-16),1 which applies if it is proven the deaths would have occurred even if Dixon had exercised due care and had no controlled substances in her blood. Dixon failed to produce sufficient evidence— even assuming her account of the accident was true—showing the deaths would have occurred had she driven free of negligence and drugs, and she therefore was not entitled to the jury instruction on the affirmative defense. She also contends there was an evidentiary issue warranting reversal. We affirm.