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Tag Archives: Criminal Procedure

2010AP744-CR State v. Hyde

Criminal Procedure Self-defense; ineffective assistance Johnathan Hyde appeals a judgment convicting him of aggravated battery by use of a dangerous weapon. He also appeals an order denying his postconviction motion for a new trial. Hyde claims that: (1) the circuit court erred in refusing to give the jury a self-defense instruction; (2) trial counsel provided ineffective assistance by failing to ...

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10-2334 U.S. v. Mokol

Criminal Procedure Jury instructions; constructive possession The pattern jury instruction for constructive possession is not misleading. “We decline Mokol’s invitation to hold that the Seventh Circuit Pattern Criminal Federal Jury Instruction for constructive possession misleads juries into convicting defendants on a conspiracy theory of liability. These two respective forms of liability have different elements, which the pattern jury instructions reflect. ...

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2010AP1731-CR State v. Godard

Criminal Procedure Ineffective assistance Leroy M. Godard appeals from his conviction of burglary on the grounds that his trial counsel was ineffective for failing to properly impeach key witnesses. Godard was convicted in a trial by jury where the evidence of his involvement in the crime came from the testimony of two accomplices. Part of the strategy by trial counsel ...

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2010AP2064-CR State v. Madden

Criminal Procedure Plea agreements; breach Nathaniel Madden pled guilty to one count of armed robbery and one count of burglary, both as party to a crime and as a habitual criminal. The circuit court imposed a sentence totaling twenty-eight years, comprised of eighteen years of initial confinement and ten years of extended supervision. In a postconviction motion, Madden contended the ...

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