Sheri’s Sidebar Edition #26  3-8-24

Pre: Important Counterman v. Colorado information in #5, especially for non-citizen clients! Theme perspective and perception.

1. More about bias during jury deliberations.

2. Perspective and perception tests.

3. Brady and impeachment methods.

4. A WPIC (Pattern jury instruction) is not law or binding; and can be wrong.

5. Counterman v. Colorado issues related to the definition for “true threat” and mens rea requirement for harassment. The amended WPIC 2.24 post Counterman IS WRONG. Here is what you need to do… VITAL FOR NON-CITIZENS WITH IMMIGRATION CONSEQUENCES. HARASSMENT IS A DEPORTABLE OFFENSE NOW. CONTACT WDA IMMIGRATION PROJECT FOR HELP.

6. The WPIC defining knowledge is not fully sufficient; sample proposal & partial Knapstad based on knowledge requirement.

7. Is jury polling perfunctory? NO