Plain Error – Jury Instructions

By: Derek Hawkins//November 18, 2021//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Philip N. Holland

Case No.: 2020AP18-CR

Officials: Gundrum, P.J., Reilly and Grogan, JJ.

Focus: Plain Error – Jury Instructions

Philip N. Holland appeals a judgment of conviction for first-degree intentional homicide, theft of moveable property and possession of an illegally obtained prescription. He argues the circuit court erroneously denied his motion to suppress statements he made during custodial interrogation, the court should have granted his mistrial motion following a witness’s surprise testimony that Holland had told her he had committed a previous murder, and a jury instruction was insufficient to apprise the jury of the law of self-defense so as to constitute plain error. We reject Holland’s arguments and affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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