Jury Instructions

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Michael O. Statler

Case No.: 2019AP764-CR; 2019765-CR; 2019AP766-CR

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

Focus: Jury Instructions

Michael Statler appeals judgments of conviction of the Rock County Circuit Court for eight counts of armed robbery as a party to a crime. See WIS. STAT. §§ 943.32(2) and 939.05 (2017-18).  Statler asserts that the circuit court erred, and he was materially prejudiced, because the court instructed the jury that the court had taken judicial notice of certain facts germane to the testimony of a witness. Specifically, Statler argues that the circuit court erred because the court instructed the jury that, when a defendant is given probation as a sentence for a crime, and the defendant is revoked from probation, the defendant returns to court for sentencing and the defendant can potentially be sentenced up to the maximum statutory penalty for that crime. We conclude that the circuit court did not err in giving the judicial notice instruction 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.