Abuse of Discretion – Jury Instructions

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jeffrey Lemont Lee

Case No.: 2020AP1597-CR

Officials: Brash, P.J., Donald and White, JJ.

Focus: Abuse of Discretion – Jury Instructions

Jeffrey Lemont Lee appeals his judgment of conviction for aggravated battery, substantial battery, disorderly conduct with the use of a dangerous weapon, and felony bail jumping, all with domestic abuse assessments and as a habitual offender. Lee also appeals an order denying his postconviction motion without a hearing.

Lee argues that the trial court did not properly exercise its discretion when it denied Lee’s request for a jury instruction on perfect self-defense. Lee further argues that the court erred in denying the claims in his postconviction motion: that the charges should be dismissed on due process grounds because he had no memory of the incident that resulted in the charges against him, and thus he should not have been prosecuted; and that his trial counsel was ineffective for failing to ensure that a photo was preserved of a chest wound Lee sustained during the incident, depicting its severity at that time. We disagree, and therefore affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.