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Jury Instructions

By: Derek Hawkins//March 31, 2020//

Jury Instructions

By: Derek Hawkins//March 31, 2020//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. David G. Dudas

Case No.: 2016AP2443-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Jury Instructions

David Dudas appeals a judgment, entered upon a jury’s verdict, convicting him of fourteen counts of second-degree sexual assault by use of force, eleven counts of strangulation and suffocation, and one count each of first-degree sexual assault, second-degree reckless injury, substantial battery, misdemeanor intimidation of a witness, and misdemeanor battery. He also appeals an order denying his motion for postconviction relief.

On appeal, Dudas contends that: (1) the circuit court erred by refusing to read to the jury Dudas’ proposed instruction regarding the interplay of a victim’s consent relative to the statute criminalizing suffocation and strangulation, WIS. STAT. § 940.235 (2017-18); (2) the court improperly limited Dudas’ ability to cross-examine the victim (Dudas’ then-spouse, Jane); (3) his right to a unanimous jury was violated; (4) his right to fair notice that his conduct was prohibited by law was violated; (5) the evidence, as to twelve of the counts, was insufficient to support a conviction; and (6) the jury instruction defining the State’s burden of proof violated Dudas’ due process rights. Further, given these asserted errors, Dudas argues that we should order a new trial in the interest of justice. We conclude that each of Dudas’ arguments either lacks merit or is forfeited. Accordingly, 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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