State v. Joseph T. Langlois

SHIRLEY S. ABRAHAMSON, J. (dissenting).

¶64 I agree with Presiding Judge Paul Reilly, who correctly emphasized the illogic of "believ[ing] that a jury may utilize instructions for crimes not under consideration to fix erroneous instructions for the crime under consideration."1

¶65 The majority incorrectly "fixes" the circuit court's self-defense instructions by irrationally assuming that the phrase "As I previously indicated" means "apply the self-defense instruction I gave for crimes of which you have found the defendant not guilty despite *454any differences the previous instruction might have…