Court: Court of Appeals - District III

If you provoke someone into attacking a third person, Wisconsin law still allows you to defend that third person under specific, limited circumstances, and a jury instruction that says otherwise is grounds for a new trial.

When the DHS fails to meet the 72-hour notice requirement and a court dismisses the revocation petition, the DHS can immediately refile without physically releasing the NGI committee from custody, so long as it complies with the 72-hour requirement on the new petition.

Two prior domestic abuse convictions from the same incident count as convictions on “2 or more separate occasions” under the domestic abuse repeater statute, so the number of convictions matters, not whether they arose from separate events.

A defendant’s prior refusal of a warrantless blood draw can lead to civil consequences like an IID order, and criminal charges for violating those civil consequences do not violate the Fourth Amendment under Birchfield, Dalton, or Forrett.