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Postconviction Motion-Castle Doctrine

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Juan Andres Balderas, Jr.

Case No.: 2021AP001036-CR

Officials: Brash, C.J., Donald, P.J., and Dugan, J.

Focus: Postconviction Motion-Castle Doctrine

Juan Andres Balderas, Jr., appeals a judgment of conviction entered following a jury trial for one count of first-degree recklessly endangering safety, and one count of second-degree recklessly endangering safety, both with the use of a dangerous weapon. According to the criminal complaint, Balderas shot his brother in the neck. He also appeals the denial of his postconviction motion. On appeal, Balderas contends that: (1) the discovery of a new witness entitles him to a new trial; (2) the circuit court erred when it failed to provide a castle doctrine jury instruction; and (3) his trial was unconstitutional.

The appeals court 1.) rejected the claim that circuit court erroneously denied his newly-discovered evidence due to improper credibility determinations. 2.) Balderas forfeited any challenge to the jury instructions and 3.) the claim that the trial was unconstitutional “for lack of fairness and due process.” Is just a rehash of his previous arguments.


Decided 05/09/23

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