[DOWNLOAD] "Loun v. State" by State of Wisconsin in Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Loun v. State
- Author : State of Wisconsin in Supreme Court
- Release Date : January 20, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Michael Alan Loun appeals his conviction by a jury for murder while under the immediate influence of sudden passion. The victim, Jack Edward LaPelley, III (referred to in the record as Trey LaPelley), knocked on the door of the apartment of Louns girlfriend, Jodi Clark, and demanded entry. Five persons were present in the apartment including Loun and Miranda Fancher, LaPelleys girlfriend. LaPelley, who was intoxicated, wanted to talk with Fancher. Because LaPelley had a history of physically abusing Fancher, Clark assumed Fancher would not want to talk with LaPelley. After telling LaPelley to leave through the closed and locked door, Clark then opened the door a crack and LaPelley forced his way into the apartment. Loun ordered LaPelley to leave. When LaPelley refused, Loun pointed a gun at LaPelley and demanded that he leave. LaPelley responded by attempting to slap the gun out of Louns hand. When Loun recovered his balance, Loun shot LaPelley three times. The State indicted Loun for murder. The first trial resulted in a hung jury. The second trial resulted in a unanimous verdict finding Loun guilty, but the jurors were unable to agree on punishment. The trial court declared a mistrial on punishment only. In the third trial, the jury found Loun acted under the immediate influence of sudden passion and assessed a sentence of ten years. Loun appeals the guilty verdict resulting from the second trial, and the punishment assessed in the third trial.