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Jury Instruction

By: WISCONSIN LAW JOURNAL STAFF//February 6, 2023//

Jury Instruction

By: WISCONSIN LAW JOURNAL STAFF//February 6, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jonathan Lamar Humphrey

Case No.: 2021AP000505-CR

Officials: Brash, C.J., Dugan and White, JJ.

Focus: Jury Instruction

Humphrey appeals from a judgment of conviction for homicide by negligent handling of a dangerous weapon and an order of the trial court denying his motion for postconviction relief. On appeal, Humphrey argues that he is entitled to a new trial because of an error in the jury instruction that he maintains failed to correctly inform the jury of the State’s burden to disprove self-defense as it related to the charge for which he was convicted. From this alleged error in the jury instructions, he raises several claims, including that he is entitled to a new trial on the basis of ineffective assistance of counsel, plain error, and the interest of justice.

The appeals court concludes that there was no error in the jury instruction when the instructions are viewed as a whole.

Affirmed.

Decided 01/31/23

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