State Wisconsin v. Rhonda J. Ambuehl

Rhonda Ambuehl appeals from a judgment convicting her of attempted first-degree murder while armed with a dangerous weapon,
secs. 940.01(1), 939.32 and 939.63(1)(a)2., Stats., and injury by conduct regardless of life, secs. 940.23 and 939.63(1)(a)2.
Ambuehl makes four claims: (1) that she was deprived of effective assistance of counsel by the manner in which her counsel
decided to forego a lesser-included offense and presented her defense; (2) that her rights to due process and to present a
defense were denied by the trial court's refusal to instruct the jury that a person is privileged to intentionally threaten
force to defend a third person; (3) that her conviction and sentence for attempted murder and injury by conduct regardless
of life for firing a single shot violate her right against double jeopardy; and (4) we should grant a new trial because the
real controversy has not been fully tried. We conclude that Ambuehl had effective assistance of counsel, she waived the jury instructions error, and she was not subjected
to double jeopardy. We also conclude, however, that the real controversy was not tried, since the trial court failed to instruct
the jury that a person is privileged to threaten to use force to defend a third person. We therefore reverse and direct that
Ambuehl receive a second trial.