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STATE v. HEMPHILL

No. 2005AP1350-CR.

722 N.W.2d 393 (2006)

2006 WI App 185

STATE of Wisconsin, Plaintiff-Respondent, v. Ray Anthony HEMPHILL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed August 15, 2006.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Timothy A. Provis of Pt. Washington, Wisconsin.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Peggy A. Lautenschlager, attorney general, and Michael S. Sanders, assistant attorney general.

Before WEDEMEYER, P.J., CURLEY and KESSLER, JJ.

¶ 1 CURLEY, J.

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).1 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...

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