Dist. Ct. did not err in denying defendant’s habeas petition that challenged his Wisc. first degree reckless injury and possession of firearm by felon convictions, that arose from incident in which defendant shot victim in neck during argument with defendant’s ex-girlfriend, where defendant argued that supplemental jury instruction regarding jury’s consideration of defendant’s conduct after shooting was misleading and violated his constitutional rights. While defendant argued that supplemental instruction, while legally accurate, was ambiguous because it allowed jury to ignore his post-shooting conduct, instant alleged error of state law could not form basis for federal habeas relief. Ct. also rejected defendant’s claim that supplemental instruction either improperly shifted govt.’s burden of proof or prevented jury from considering relevant evidence.
Federal 7th Circuit Court
Criminal Court
Habeas Corpus