State v. Daniels

465 N.W.2d 633, 160 Wis. 2d 85, 1991 Wisc. LEXIS 14
CourtWisconsin Supreme Court
DecidedFebruary 20, 1991
Docket89-0702-CR
StatusPublished
Cited by20 cases

This text of 465 N.W.2d 633 (State v. Daniels) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Daniels, 465 N.W.2d 633, 160 Wis. 2d 85, 1991 Wisc. LEXIS 14 (Wis. 1991).

Opinions

SHIRLEY S. ABRAHAMSON, J.

This is a review of an unpublished decision of the court of appeals filed December 14,1989. The court of appeals reversed a [91]*91judgment of conviction of aggravated battery while armed with a dangerous weapon in violation of secs. 940.19(2) and 939.63, Stats. 1987-88, entered by the Circuit Court for Rock County, Edwin C. Dahlberg, Circuit Judge, and remanded the cause for a new trial.

The issue is whether the circuit court abused its discretion when it ruled as a matter of law that the defendant charged with assault could not present evidence, other them his own testimony, of the victim's prior violent acts of which the defendant was aware. This evidence was proffered to support the defendant's claim of self-defense, that is, to prove the defendant's state of mind: the reasonableness of the defendant's fear of the victim and of the defendant's use of force against the victim. We conclude, as did the court of appeals, that the circuit court abused its discretion when it erroneously concluded that the law restricts the defendant's proof of the victim's prior violent conduct to the defendant's own testimony. We also conclude, as did the court of appeals, that the error was not harmless. Accordingly we affirm the decision of the court of appeals.

For purposes of this review the facts are not in dispute. The defendant, the victim, and two other men were involved in an altercation in which the defendant shot the victim with the victim's gun. While the four men gave somewhat different accounts of the shooting, the undisputed facts are that the four men spent the evening of the shooting visiting friends and drinking. The victim and one of the men (not the defendant) got into an argument. The defendant attempted to intercede, apparently was threatened by the victim, and shot the victim.

The defendant was charged with attempted first-degree murder and aggravated battery while armed with a dangerous weapon. The defendant admitted at trial [92]*92that he shot the victim but claimed privileged self-defense. The jury found the defendant not guilty of attempted first-degree murder but found him guilty of aggravated battery while armed with a dangerous weapon.

To support his claim of self-defense the defendant attempted to show at trial that at the time of the shooting he reasonably believed that the victim was about to assault him and that his use of force was necessary to prevent or terminate a violent assault by the victim.1 Thus the only issue at trial was the defendant's state of mind.

The defendant sought to prove his state of mind (1) by testifying in his own behalf about six incidents of which he was aware prior to the shooting in which the victim demonstrated his proclivity for violence,2 (2) by questioning defense witness Tom Ewing at trial about the victim's reputation for being a violent person, (3) by cross-examining the victim about these incidents to show that the defendant knew about the incidents and [93]*93that his fear of the victim was reasonable, and (4) by questioning Ewing about two of these incidents (in which Ewing had been personally involved) to show that the defendant knew about these incidents and that his fear of the victim was reasonable.

The circuit court admitted the defendant's testimony and Ewing's opinion about reputation (the first and second items of evidence described above) but excluded the testimony of the victim and Ewing about the six incidents (the third and fourth items of evidence described above).

Relying on McMorris v. State, 58 Wis. 2d 144, 205 N.W.2d 559 (1973), and McAllister v. State, 74 Wis. 2d 246, 250-51, 246 N.W.2d 511 (1976), the state and the defendant agree that all the evidence the defendant sought to introduce, including the testimony of the victim and witness Ewing that the circuit court excluded, is admissible within the circuit court's discretion. The parties disagree only about whether the circuit court abused its discretion in this case in excluding the evidence.3 We summarize the rules set forth in McMorris and McAllister.

[94]*94First, McMorris allows an accused in a prosecution for assault or homicide to support a self-defense claim by proving prior specific instances of the victim's violence of which the accused was aware at the time of the assault to establish the accused's state of mind about the danger the victim posed. "The admission of such evidence rests in the exercise of sound and reasonable discretion by the trial court." McMorris, 58 Wis. 2d at 152. We went on to say,

When the accused maintains self-defense, he should be permitted to show he knew of specific prior instances of violence on the part of the victim. It enlightens the jury on the state of his mind at the time of the affray, and thereby assists them in deciding whether he acted as a reasonably prudent person would under similar beliefs and circumstances.
When the issue of self-defense is raised in a prosecution for assault or homicide and there is a factual basis to support such defense, the defendant may, in support of the defense, establish what the defendant believed to be the turbulent and violent character of the victim by proving prior specific instances of violence within his knowledge at the time of the incident.4

[95]*95The past violent conduct of the victim of which the accused is aware, reasoned the court in McMorris, 58 Wis. 2d at 151, affects what the accused might reasonably expect of the victim in the future.

Second, according to McMorris, an accused's proof of the victim's prior violent acts of which the accused was aware is not limited to the accused's own testimony. In McAllister, 74 Wis. 2d at 250-51, we stated that the accused should be allowed, within the discretion of the circuit court, to produce supporting evidence to prove the particular acts of which the accused claims knowledge, thereby proving the reasonableness of the accused's knowledge and apprehension of the victim and the credibility of his assertions about his state of mind. The court recognized that the self-serving nature of an accused's testimony about prior violent acts of the victim makes corroborating evidence of those acts particularly important for an accused's claim of self-defense. We stated:

A defendant should not be limited merely to his own assertion that he had knowledge of particular violent acts, but should be allowed to produce supporting evidence to prove the reality of the particular acts of which he claims knowledge, thereby proving reasonableness of his knowledge and apprehension and the [96]*96credibility of his assertion.5

Third, according to McMorris, 58 Wis. 2d at 152, and McAllister, 74 Wis. 2d at 251, the admission of evidence of prior specific instances of the victim’s violence, whether by the testimony of the defendant or other witnesses, rests in the exercise of sound and reasonable discretion of the circuit court.

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State v. Daniels
465 N.W.2d 633 (Wisconsin Supreme Court, 1991)

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Bluebook (online)
465 N.W.2d 633, 160 Wis. 2d 85, 1991 Wisc. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-daniels-wis-1991.