Court Error – Abuse of Discretion

Listen to this article

WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Sophea Mouth

Case No.: 2018AP1153-CR

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

Focus: Court Error – Abuse of Discretion

Sophea Mouth appeals a judgment convicting him of second degree intentional homicide and attempted second degree intentional homicide. Mouth was found guilty at a jury trial after he shot two men, one fatally, during a dispute over Mouth’s occupation of property affected by foreclosure proceedings. Mouth appeals the circuit court’s decisions not to instruct the jury as follows: (1) in order to evict occupiers from business premises that were subject to foreclosure a property owner needs to rely on a writ of assistance; and (2) Mouth did not have a duty to attempt to retreat before shooting the two men under the “castle doctrine,” codified at WIS. STAT. § 939.48(1m) (2017-18). Separately, Mouth argues that the circuit court erroneously exercised its discretion in denying Mouth’s request to allow him to demonstrate to the jury his impaired ability to walk. We reject each argument and affirm.

Full Text

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.