Weyrauch v. State

I dissent because of the circuit court’s approval of the jury instruction which was given. The majority opinion begins:

WE AFFIRM the sentence and judgment below, finding no error with the jury instructions given.

The dissenter, Circuit Judge Makemson, was correct, in my view, when he said:

I dissent with respect to the issue regarding the jury instructions. I believe the trial court’s failure to use the current standard criminal jury instructions on DU-BAL was error, and that the instructions, as given, may have misled the jury.

Petitioner requested that the jury not be instructed on blood…