State v. Hemphill

¶ 1. Ray Anthony Hemphill appeals the judgment, entered on a jury verdict, convicting him of physical abuse of a child by recklessly causing great bodily harm, contrary to Wis. Stat. § 948.03(3)(a) (2003-04). Hemphill argues that the trial court's refusal to give the jury a mistake instruction violated his due process right to present a defense. Because the instruction on the mistake defense applies only to criminal charges with a "state of mind" element, e.g., an intentional crime, and because Hemphill was charged with a crime that had no state of mind element, the trial court properly…