In this season of winter parties, does Wisconsin law hold liable those that provide alcohol to a person who subsequently injures others? Paul Curtis, discussing Wisconsin statutes and caselaw, says the general answer is “no.”
update to the story, alicia? reporter: hi megyn. he just filed an appeal to get custody of his now six-year-old daughter. his story begins similar to other birth fathers who were defrauded out of their children by abuse of utah s system. a month before she was prematurely born, i received an e-mail stating i was nothing but a donor. reporter: he spent six years fighting in utah colorado courts to become the first man to beat what s utah use fraud immunity statute. if someone lies during adoption it did not be overturned. they found the fraud so agreesous the adoption was thrown out. this family knew i existed. the mother knew i existed. they knew about my paternity action. reporter: he was recently sent back to colorado before he
now, they re not going to be able to bring this out at the trial. so they re going to be able to use a self-defense argument and we can expect that s what the argument is going to be. but if i m the prosecutor in that jurisdiction, i m going to be concerned about today s developments. i think it was a very wise, strategic defense move and the prosecution should be very wary of this. now, the bar you have to reach for self-defense is much different than stand your ground. stand your ground, as i said at the beginning, is that you if you believe yourself to be in danger, you have no obligation to retreat. that s not true with self-defense. is that not right? right. they re two separate and distinct theories, that s correct. the immunity statute for stand your ground is something to ask the court to dismiss charges so that you don t have to stand trial. they re now foreclosing that. the defense is turning their back on that. and they re aiming specifically for a trial. they probably
but he is not going to be able to use the immunity statute of the stand your ground law in florida. the supreme court of florida has carefully laid out that a pretrial hearing has to be held prior to the trial. and in this situation today, the defense has waived, strategically, and very craftily, waived that hearing and decided to go for a trial. so when his attorney o mara says that they can call for a hearing later, you re saying according to florida s supreme court, that is not true. so in many ways, that is off the table in terms of him affirmatively raising this at trial. isn t that a sign of weakness on this? in this stand your ground defense? well, you waive a very interesting raise a very interesting point, reverend al. because the statute for stand your ground has to be read in conjunction with the florida rules of criminal procedure, which lays the timetable to have this pretrial hearing, a motion to dismiss. and since they re waiving it