Jury Instructions

By: Derek Hawkins//October 23, 2019//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Mark A. Kusters

Case No.: 2018AP1812-CR

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

Focus: Jury Instructions

A jury found Mark Kusters guilty of first-degree reckless homicide for the shooting death of Richard Flynn. Kusters seeks a new trial on the ground that the circuit court erred when it denied his request for a jury instruction on self-defense. We assume, without deciding, that the court erred in declining to instruct the jury on self-defense. However, we conclude that the assumed error was harmless. Therefore, we 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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