State v. Nollie, 2002 WI 4, 249 Wis. 2d 538

Summary

The Supreme Court of Wisconsin held that Tony Nollie could not assert the statutory privilege of self-defense as a defense to carrying a concealed weapon under the facts presented. The court concluded that the perceived threat from nearby individuals was not sufficiently actual, imminent, and specific, and affirmed the circuit court's exclusion of related evidence and Nollie's conviction. A dissent would have permitted the self-defense theory to be presented to the jury.

Holdings

1. Nollie's offer of proof did not establish an actual and reasonable belief that an actual or imminent unlawful interference with his person existed. Generalized concerns about crime, prior victimization, and the presence of loud and profane people nearby were insufficient because the men did not threaten, accost, communicate with, or even notice Nollie.
2. A circuit court must hear the defendant's offer of proof and may exclude evidence or deny a jury instruction when the offer does not provide evidence supporting the asserted self-defense theory.
3. Any privilege that could justify carrying a concealed weapon must be applied extremely narrowly and only on extraordinary or rare facts so that it does not undermine the purpose of the concealed-weapon statute.

Questions Presented

1. Whether Nollie's offer of proof supported a statutory privilege of self-defense as a defense to carrying a concealed weapon.
2. Whether the circuit court properly excluded Nollie's statement about his prior robbery victimization and prevented him from presenting self-defense to the jury.
3. What showing is required before a defendant may present a self-defense theory based on carrying a concealed weapon.

Disposition

affirmed