State v. Schumacher

HEFFERNAN, CHIEF JUSTICE.

This case comes to us on a petition by the state to review an unpublished *391court of appeals decision1 which reversed a judgment of the circuit court for Grant county, John R. Wagner, circuit judge, and remanded for a new trial. Because we conclude that the court of appeals erred on matters of both procedure and of substance, we reverse the court of appeals decision.

The issues in this case are these: First, to what extent the court of appeals may discretionarily review instructional errors allegedly made at trial, but not objected to there; and, second, whether the…