Jury Instructions

By: Derek Hawkins//November 18, 2020//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Raymond R. Barton

Case No.: 2019AP1990-CR

Officials: BLANCHARD, J.

Focus: Jury Instructions

Raymond Barton was found guilty at a jury trial of battery, disorderly conduct, and obstructing an officer. Barton argues that the circuit court erred in declining his request to give the jury the self-defense instruction on the battery and disorderly conduct charges. I reject this argument because there were insufficient facts to support the instruction. Barton also argues that the circuit court improperly denied his request for a mistrial based on the exposure of the jury to unfairly prejudicial testimony. I conclude that the circuit court did not erroneously exercise its discretion in determining that the testimony at issue was not sufficiently prejudicial to warrant a mistrial. Accordingly, I 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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