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STATE v. FERGUSON

No. 2007AP2095-CR.

767 N.W.2d 187 (2009)

2009 WI 50

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Kelly R. FERGUSON, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 16, 2009.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by Maura F.J. Whelan, assistant attorney general, with whom on the briefs was J.B. Van Hollen, attorney general.

For the defendant-appellant there was a brief by Jefren E. Olsen, assistant state public defender, Madison, and oral argument was by Jefren E. Olsen.

¶ 1 PATIENCE DRAKE ROGGENSACK, J.

We review a decision of the court of appeals,1 which reversed the circuit court's judgment2 convicting Kelly R. Ferguson (Ferguson) of misdemeanor obstructing an officer pursuant to Wis. Stat. § 946.41(1) (2005-06).3 The issue presented is whether the facts of this case required the circuit court to instruct the jury that in order for...

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