9 Wisconsin opinions name it 2 courts 1923–2025 3 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Bondgreen2 sentences2025“The accident defense prevails in a homicide case only in situations in which ‘a person unfortunately kills another in doing a lawful act without any intent to kill and without criminal negligence.’” State v. Watkins, 2002 WI 101, ¶43 , 255 Wis. 2d 265 , 647 N.W.2d 244 (quoting State v. Bond, 41 Wis. 2d 219, 228 , 163 N.W.2d 601 (1969) (discussing homicide by misadventure)). 2025“The accident defense prevails in a homicide case only in situations in which ‘a person unfortunately kills another in doing a lawful act without any intent to kill and without criminal negligence.’” State v. Watkins, 2002 WI 101, ¶43 , 255 Wis. 2d 265 , 647 N.W.2d 244 (quoting State v. Bond, 41 Wis. 2d 219, 228 , 163 N.W.2d 601 (1969) (discussing homicide by misadventure)). | 1 | 3 |
State v. Watkinsgreen2 sentences2025“The accident defense prevails in a homicide case only in situations in which ‘a person unfortunately kills another in doing a lawful act without any intent to kill and without criminal negligence.’” State v. Watkins, 2002 WI 101, ¶43 , 255 Wis. 2d 265 , 647 N.W.2d 244 (quoting State v. Bond, 41 Wis. 2d 219, 228 , 163 N.W.2d 601 (1969) (discussing homicide by misadventure)). 2025“The accident defense prevails in a homicide case only in situations in which ‘a person unfortunately kills another in doing a lawful act without any intent to kill and without criminal negligence.’” State v. Watkins, 2002 WI 101, ¶43 , 255 Wis. 2d 265 , 647 N.W.2d 244 (quoting State v. Bond, 41 Wis. 2d 219, 228 , 163 N.W.2d 601 (1969) (discussing homicide by misadventure)). | 1 | 2 |
State v. Gomazgreen2 sentences2024See State v. Gomaz, 141 Wis. 2d 302, 313-14 , 414 N.W.2d 626 (1987). 2024See State v. Gomaz, 141 Wis. 2d 302, 313-14 , 414 N.W.2d 626 (1987). | 1 | 1 |
Commonwealth v. Turnergreen1 sentence2002In Gunn v. State, 365 N.E.2d 1234, 1239 (Ind. Ct. App. 1977), the court stated that "[BJecause the proper exercise of the right to defend oneself is a lawful act, such an act may satisfy the requirement that the accused be engaged in a lawful act when a killing occurs accidentally." In Commonwealth v. Turner, 506 N.E.2d 151, 153 (Mass. App. Ct. 1987), the court stated, "[T]he principles of self-defense may be involved in an accident defense, not for purposes of establishing the defense of self-defense but to show that the defendant was engaged in a lawful act." Similarly, an "accused is entitl | 1 | 1 |
Gunn v. Stategreen1 sentence2002In Gunn v. State, 365 N.E.2d 1234, 1239 (Ind. Ct. App. 1977), the court stated that "[BJecause the proper exercise of the right to defend oneself is a lawful act, such an act may satisfy the requirement that the accused be engaged in a lawful act when a killing occurs accidentally." In Commonwealth v. Turner, 506 N.E.2d 151, 153 (Mass. App. Ct. 1987), the court stated, "[T]he principles of self-defense may be involved in an accident defense, not for purposes of establishing the defense of self-defense but to show that the defendant was engaged in a lawful act." Similarly, an "accused is entitl | 1 | 1 |
State v. Headgreen2 sentences2002See State v. Head, 2002 WI 99 , 255 Wis. 2d 194 , 648 N.W.2d 413 , and State v. Camacho, 176 Wis. 2d 860, 865, 872 , 501 N.W.2d 380 (1993) for a discussion of the objective reasonable threshold necessary to assert perfect self-defense. *293 C. 2002See State v. Head, 2002 WI 99 , 255 Wis. 2d 194 , 648 N.W.2d 413 , and State v. Camacho, 176 Wis. 2d 860, 865, 872 , 501 N.W.2d 380 (1993) for a discussion of the objective reasonable threshold necessary to assert perfect self-defense. *293 C. | 1 | 1 |
State v. Camachogreen2 sentences2002See State v. Head, 2002 WI 99 , 255 Wis. 2d 194 , 648 N.W.2d 413 , and State v. Camacho, 176 Wis. 2d 860, 865, 872 , 501 N.W.2d 380 (1993) for a discussion of the objective reasonable threshold necessary to assert perfect self-defense. *293 C. 2002See State v. Head, 2002 WI 99 , 255 Wis. 2d 194 , 648 N.W.2d 413 , and State v. Camacho, 176 Wis. 2d 860, 865, 872 , 501 N.W.2d 380 (1993) for a discussion of the objective reasonable threshold necessary to assert perfect self-defense. *293 C. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Dundon
green
2 sentences2021Having concluded that Ruffin was not entitled to the accident instruction, “[w]e would be hard pressed to conclude that [trial] counsel performed deficiently in failing to request a jury instruction to an invalid defense.” State v. Dundon, 226 Wis. 2d 654, 676 , 594 N.W.2d 780 (1999). 2021Having concluded that Ruffin was not entitled to the accident instruction, “[w]e would be hard pressed to conclude that [trial] counsel performed deficiently in failing to request a jury instruction to an invalid defense.” State v. Dundon, 226 Wis. 2d 654, 676 , 594 N.W.2d 780 (1999). | 1 | 2021–2021 |
State v. Allen
green
2 sentences2021Lastly, he argues that his trial counsel was ineffective for withdrawing the request for the self-defense jury instruction for the sexual assault charge. ¶16 “A hearing on a postconviction motion is required only when the movant states sufficient material facts that, if true, would entitle the defendant to relief.” State v. Allen, 2004 WI 106, ¶14 , 274 Wis. 2d 568 , 682 N.W.2d 433 . 6 We pause to note that Ruffin has requested relief in the form of a vacated conviction. 2021Lastly, he argues that his trial counsel was ineffective for withdrawing the request for the self-defense jury instruction for the sexual assault charge. ¶16 “A hearing on a postconviction motion is required only when the movant states sufficient material facts that, if true, would entitle the defendant to relief.” State v. Allen, 2004 WI 106, ¶14 , 274 Wis. 2d 568 , 682 N.W.2d 433 . 6 We pause to note that Ruffin has requested relief in the form of a vacated conviction. | 1 | 2021–2021 |
State v. Mayhall
green
1 sentence2021Therefore, we conclude that the denial was a reasonable exercise of discretion and trial counsel was not ineffective. ¶34 “As long as jury instructions fully and fairly inform the jury of the law applicable to the particular case, the trial court has discretion in deciding which instructions will be given.” State v. Mayhall, 195 Wis. 2d 53, 57 , 535 15 No. 2019AP1046-CR N.W.2d 473 (Ct. App. 1995). | 1 | 2021–2021 |
State v. Langlois
green
1 sentence2018Id. , ¶35. | 1 | 2018–2018 |
State v. Gonzalez
neutral
1 sentence2011The court of appeals ruled that because the defendant's defense of accidental exhibiting "was adequately covered by the other instructions given to the jury, he was not entitled to an accident instruction." Gonzalez, 328 Wis. 2d 182, ¶ 17 . | 1 | 2011–2011 |
State v. Ferguson
green
2 sentences2011State v. Ferguson, 2009 WI 50, ¶ 9 , 317 Wis. 2d 586 , 767 N.W.2d 187 . 2011State v. Ferguson, 2009 WI 50, ¶ 9 , 317 Wis. 2d 586 , 767 N.W.2d 187 . | 1 | 2011–2011 |
State v. Ambuehl
green
1 sentence2006Id. *172 Similarly, Attorney Berk's failure to request an instruction on accident was not deficient performance. | 1 | 2006–2006 |
Hildebrand v. Carroll
green
2 sentences1923This position is not in conflict with the declarations of this court upon the question. ' The cases relied upon by appellant (Hildebrand v. Carroll, 106 Wis. 324 , 82 N. W. 145 ; Lipsky v. C. 1923This position is not in conflict with the declarations of this court upon the question. ' The cases relied upon by appellant (Hildebrand v. Carroll, 106 Wis. 324 , 82 N. W. 145 ; Lipsky v. C. | 1 | 1923–1923 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.