Court Error – Jury Instructions

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Felipe Estrada, III,

Case No.: 2018AP325-CR

Officials: Lundsten, P.J., Blanchard and Kloppenburg, JJ.

Focus: Court Error – Jury Instructions

Estrada was charged with, tried for, and convicted of two crimes that both required proof that his blood contained a controlled substance at the time he operated a motor vehicle. With respect to the particular alleged controlled substance, an expert called by the State testified at trial that Estrada’s blood tested positive for a synthetic cannabinoid, and more specifically that the particular synthetic cannabinoid was “5F-AMB.” Estrada makes two arguments on appeal. First, he argues that the circuit court erred by permitting the State’s expert to testify at trial, even though the expert report that the State produced pretrial failed to give sufficient notice of the content of his testimony. Second, Estrada contends that the circuit court erred when it instructed the jury that “5F-AMB” is a controlled substance because that issue was a fact question for the jury. We reject these arguments and affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.