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Specific intent instruction should be requested
Although there are no standard jury instructions in the 7th Circuit for harboring illegal aliens, an Aug. 4 opinion provides support for defendants to request a specific intent instruction.
2009AP1249-CR State v. Gonzalez
Exhibiting Harmful Material to a Child Sufficiency of the evidence; jury instructions
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[...]
2010AP258 Weborg, et al. v. Jenny, et al.
Torts Medical malpractice; collateral source rule; alternative treatments; jury instructions Theresa Weborg and her children, who are the surviving spouse and children of William Weborg, appeal judgments finding in favor of Dr. Joseph Rebhan, Dr. Donald Jenny and Dr. Erik Borgnes on the Weborgs’ medical malpractice actions against them. The Weborgs contend they are entitled […]
08-2029 Mendez v. Perla Dental
Civil Procedure Jury instructions; waiver The defendants waived their objections to the jury instructions by failing to raise them. “The error in the jury instruction is simply a trial error that the defendants could have challenged on the merits, but they failed to do so at any appropriate point in time. At trial, the defendants […]
BLAWG LOG: Pettit on code violations; Bauer on jury instructions
The Residential Landlord Tenant relationship is controlled by two main areas of law: (1) Chapter 704 of the Wisconsin Statutes, and (2) the Wisconsin Administrative Code, Chapter ATCP 134 entitled “Residential Rental Practices.”
2010AP1341-CR, 2010AP2011-CR State v. Knutson, et al.
Hazardous Waste Intent; jury instructions Dale Knutson and CAAP, Inc. (collectively Knutson) appeal from judgments of conviction of party to the crime of the unlicensed storage of hazardous waste contrary to Wis. Stat. § 291.97(2)(b)2. (2009-10). Knutson argues that the jury was improperly instructed that the prosecution only had to prove that Knutson knew that […]
2009AP3074-CR State v. Thornton
3rd-degree sexual assault Sufficiency of the evidence; jury instructions; intent Dennis J. Thornton was found guilty of third-degree sexual assault, contrary to Wis. Stat. § 940.225(3) (2009-10), following a jury trial. Thornton challenges his conviction on three grounds. First, he contends that the jury instruction should have been modified to include “knowledge of nonconsent” as […]
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- US college campuses erupt throughout Midwest, and U.S. over war in Gaza
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- Wisconsin attorney loses law license, ordered to pay $16K fine
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- The Latest: Supreme Court arguments conclude in Trump immunity case
- Net neutrality restored as FCC votes to regulate internet providers
- Wisconsin Attorney General asks Congress to expand reproductive health services
- Attorney General Kaul releases update at three-year anniversary of clergy and faith leader abuse initiative
- State Bar leaders remain deeply divided over special purpose trust
- Former Wisconsin college chancellor fired over porn career is fighting to keep his faculty post
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- Power 30 Personal Injury Attorneys – Jeffrey A. Pitman
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