Monday, November 27, 2006

Schultz Appeals Conviction

Sherry Schultz last week appealed the conviction for her role in the caucus scandal in the Fourth District Court of Appeals.

Schultz's lawyer argues in the brief that her case presents "novel issues regarding the constitutional rights" of jury instructions and "presents questions of substantial statewide importance."

Notably, the appeal says the jury was not given instructions with the language "to act with the intent to obtain a dishonest advantage is to act 'corruptly.' The term corruptly is normally associated with wrongful, immoral, depraved or evil. It is to act knowingly and dishonestly," thus violating her constitutional rights of convicting her of the felony "misconduct in office" charge.

Schultz also argues that Dane County Judge Steven Ebert illegally inferred presumed facts from the evidence in the jury instructions by saying if the jury "determined that a 'state resource' was used to assist and promote a candidate, then the candidate obtained a 'dishonest advantage,' thus not proving Schultz had corrupt intent.

Schultz's lawyers also argued that the reliance on the Jensen and Chvala decisions was erroneous and the conditions of Schultz's probation denied her constitutional rights.

*See the appeal: http://www.wispolitics.com/1006/App_Brief.pdf
*See the appeal appendix: http://www.wispolitics.com/1006/large/App_Appendix.pdf

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