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Jury Instructions

By: Derek Hawkins//August 6, 2019//

Jury Instructions

By: Derek Hawkins//August 6, 2019//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Terry Lynn Pundsack

Case No.: 2018AP1404-CR

Officials: Kessler, Kloppenburg and Dugan, JJ.

Focus: Jury Instructions

Terry Lynn Pundsack appeals the judgment of conviction, entered on a jury verdict, finding him guilty of substantial battery, with intent to cause bodily harm.

On appeal, Pundsack argues that the trial court erred when it declined to instruct the jury on self-defense. He also argues that a standard jury instruction regarding the issue does not accurately reflect the related state statute, WIS. STAT. § 939.48(2)(a) (2017-18). We conclude that Pundsack forfeited his claim that the jury instruction does not accurately reflect § 939.48(2)(a). We further conclude that the trial court properly declined Pundsack’s request for the self-defense jury instruction. We, therefore, 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.

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