State v. Langlois, 2016AP1409-CR

• Decision Date: 20 June 2018
• Docket Number: No. 2016AP1409-CR,2016AP1409-CR
• Citation: 2018 WI 73,913 N.W.2d 812,382 Wis.2d 414
• Parties: STATE of Wisconsin, Plaintiff-Respondent, v. Joseph T. LANGLOIS, Defendant-Appellant-Petitioner.
• Court: Wisconsin Supreme Court

382 Wis.2d 414

913 N.W.2d 812

2018 WI 73

STATE of Wisconsin, Plaintiff-Respondent,

v.Joseph T. LANGLOIS, Defendant-Appellant-Petitioner.

No. 2016AP1409-CR

Supreme Court of Wisconsin.

Oral Argument: April 17, 2018

Opinion Filed: June 20, 2018

For the defendant-appellant-petitioner, there were briefs filed and an oral argument by Andrew J. Jarmuz and The Law Office of Andrew J. Jarmuz, LLC, Edina, Minnesota.

For the plaintiff-respondent, there was a brief filed and an oral argument by Donald V. Latorraca, assistant attorney general, with whom on the brief was Brad D. Schimel, attorney general.

ANNETTE KINGSLAND ZIEGLER, J.

¶1 This is a review of a published decision of the court of appeals, State v. Langlois, 2017 WI App 44, 377 Wis. 2d 302, 901 N.W.2d 768, affirming the Washington County circuit court's¹ judgment of conviction for Joseph T. Langlois ("Langlois") for homicide by negligent handling of a dangerous weapon, contrary to Wis. Stat. § 940.08(1) (2015-16),² and its denial of Langlois' postconviction motions.

¶2 On February 4, 2014, Langlois and his brother, Jacob, got into a fight. The fight turned physical and Langlois, having picked up a fillet knife from a nearby nightstand, stabbed Jacob, fatally injuring him. The State charged Langlois with first-degree reckless homicide by use of a dangerous weapon, contrary to Wis. Stat. § 940.02(1), and, at trial, sought conviction on any one of three offenses: the offense charged, or either of two lesser-included offenses, second-degree reckless homicide by use of a dangerous weapon, contrary to Wis. Stat. § 940.06(1), or homicide by negligent handling of a dangerous weapon, contrary to Wis. Stat. § 940.08(1). The jury found Langlois guilty of homicide by negligent handling of a dangerous weapon.

¶3 Post-conviction, Langlois filed two motions, both of which challenged the sufficiency of the evidence and the jury instructions relating to Langlois' defenses of accident and self-defense. Langlois argued that omissions in the jury instructions were reversible error on any one of three grounds: ineffective assistance of counsel, due process violation, or interest of justice. The circuit court denied both motions, concluding that the evidence was sufficient and that the jury instructions were not erroneous. Langlois appealed.

¶4 The court of appeals affirmed. Langlois, 377 Wis. 2d 302, ¶¶1, 51, 901 N.W.2d 768. It held that the circuit "court's instructions to the jury, when viewed in their entirety and not in isolation, were not erroneous." Id., ¶36. It therefore concluded that trial counsel was not ineffective because failure to object to correct instructions is not deficient performance; that there was no due process violation; and that Langlois was not entitled to a new trial in the interest of justice. Id., ¶¶36-37. The court of appeals also concluded that the evidence was sufficient to support the verdict because a rational jury could have found that the knife was a dangerous weapon; that the way Langlois handled the weapon constituted criminal negligence; and that Langlois had not acted in self-defense where he had had the opportunity to leave the room without using force. Id., ¶¶48-49, 51. Langlois petitioned for review.

¶5 On review, we consider two issues. First, we consider whether the jury instructions were erroneous. We conclude that they were not, because, taken as a whole, they accurately state the law. Consequently, we conclude that there is no basis for Langlois' claim of ineffective assistance of counsel, there is no due process violation, and reversal in the interest of justice is not appropriate. Second, we consider whether there was sufficient evidence to support the jury's verdict. We conclude that there was, because the evidence, viewed most favorably to sustaining the conviction, supports a finding of guilt beyond a reasonable doubt.

¶6 Thus, we affirm the decision of the court of appeals.

I. FACTUAL AND PROCEDURAL BACKGROUND

¶7 The events of February 4, 2014, are not subject to significant dispute.³ Langlois, then 17 years old, had stayed home from school that day, and Jacob, then 20 years old, was home packing some things before leaving for the military.⁴ When Karen, their mother, came home from work at about 1:40 p.m., they were both in their rooms. She checked on Langlois first, who told her that Jacob was packing for boot camp and that he was packing some items that did not belong to him, including Langlois' Xbox and one of their father's fillet knives.⁵ This behavior was not atypical of Jacob, who had a tendency to take things that did not belong to him.⁶

¶8 Karen then went to check on Jacob, whose room was right next to Langlois'. She asked him about taking things that did not belong to him and Jacob became agitated. Langlois walked into Jacob's room at that point, picked up the Xbox, and walked out. Karen then asked Jacob to give her the fillet knife, which he did, and she set it down—in its sheath—on a nearby nightstand. Langlois was heading back into the room at that point, but Jacob started pushing the door closed. Langlois, however, was able to push his way into the room and demanded to see what else Jacob had of his. Jacob then jumped on Langlois from behind and put him in a chokehold; after a few seconds Langlois capitulated and Jacob let go.

¶9 Langlois came up with the fillet knife in his right hand—now unsheathed—held up near his right shoulder, pointing out. Jacob and Langlois were yelling at one another and Jacob kicked Langlois. Langlois fell back and Jacob moved forward; Langlois caught himself and collided with Jacob, piercing the upper left side of Jacob's chest with the knife. Jacob stood up and stepped back, and Karen, seeing some blood on Langlois' leg, moved forward to check to see if Langlois was injured. Jacob, now grabbing the side of his chest, said "No, mom, it's me." Karen turned, saw the wound, and rushed out of the room to call 9-1-1. Jacob walked out to the kitchen, at first standing by the counter, then sitting in a chair; when he fell unconscious, Langlois helped Karen lay Jacob on the floor and began CPR.

¶10 Deputy Scott Nauman of the Washington County Sheriff's Department responded to the 9-1-1 call. He arrived to the house approximately two minutes after the call, announced his presence as he entered through the open garage, and moved toward the kitchen where he saw Langlois administering CPR to Jacob, who was lying in a large pool of blood. Nauman asked Langlois, "[w]ho did this to him," to which Langlois responded "I did."⁷ Nauman placed Langlois under arrest, directed Karen to take over administering CPR, and escorted Langlois out to his squad car.

¶11 On February 6, 2014, the State filed its criminal complaint charging Langlois with one count of first-degree reckless homicide, use of a dangerous weapon, contrary to Wis. Stat. § 940.02(1). On July 16, 2014, the State filed an information alleging the same. On August 27, 2014, Langlois pled not guilty and the case proceeded to trial.

A. Trial Testimony

¶12 On July 14, 2015, trial began. Over the course of three days, the jury heard testimony from 18 witnesses.

1. State witnesses

¶13 Deputy Nauman, as noted above, was the first responder to the scene. Nauman testified that, as he was taking Langlois out of the house, the second responding officer, Washington County Sheriff's Deputy Jesse Williams, was coming in with his medical kit. After securing Langlois in the back seat of the squad car, Nauman returned to the house and helped Williams render aid to Jacob. Nauman testified that there was a lot of blood on the floor, but no more blood was coming out of the puncture site, and that Jacob was having trouble breathing at that point.

¶14 Deputy Christopher Killey of the Washington County Sheriff's Department was the third officer to arrive to the scene and testified that he took up watching over Langlois, who was still seated in the back of Nauman's patrol car. Observing the blood on Langlois' clothing, Killey asked Langlois if he was injured and Langlois replied that he was not. Killey testified that he then asked Langlois for his name, to which Langlois responded: "what does it matter? I stabbed my brother. I stabbed my brother."

¶15 Detective James Wolf and Investigator David Klopfenstein, both of the Washington County Sheriff's Department, were also at the scene. Wolf was tasked with processing the scene while Klopfenstein interviewed Karen. Klopfenstein testified that Karen appeared calm,⁸ that she agreed to accompany him to the Hartford Police Department to make a statement, and that she never used the term "accident" or "self-defense" in either her oral or written statements. Wolf testified that he did a walk-through of the house, observing "a large pool of blood" on the kitchen floor and blood drops on the floor in Jacob's bedroom. Also on the floor in Jacob's bedroom were the fillet knife and knife sheath, which he collected as evidence.⁹ Wolf testified that the knife had an approximately six-inch blade, and that the blade had blood on it.

¶16 Dr. Zelda Okia, the medical examiner who conducted the autopsy on Jacob, testified that, to a reasonable degree of medical certainty, the cause of death was a puncture wound, six inches deep, on the left side of his chest between his second and third ribs. On cross-examination, Dr. Okia acknowledged that she could not tell from the autopsy whether the knife had been thrust into Jacob or whether Jacob had fallen onto it.

¶17 Detective Joel Clausing of the Washington County Sheriff's Department—the State's final witness—conducted the interview of Langlois. The interview was videotaped¹⁰ and proceeded in essentially three parts: a verbal interview, a written statement, and a reenactment. Clausing testified that Langlois said he had grabbed the knife because he wanted to make Jacob feel "scared so he could back down"; and that Langlois said he was angry and that he had stabbed Jacob because "he kicked me and I just reacted. I mean,...