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G. Ch. 944: Against sex. morality

State v. Bruce Duncan MacArthur, 2008 WI 72, on Certification For MacArthur: Alex Flynn Amicus: Robert R. Henak Issue/Holding: Alleged violations, between 1965 and 1972, of since-repealed ch. 944 sexual assault statutes come within the statute of limitations provision extant during that time frame. There is, of course, a whole lot more to it than that, at… Read More

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State v. David Richard Turnpaugh, 2007 WI App 222 For Turnpaugh: David P. Geraghty, Michael Sosnay Issue: Given that, as charged, the offense required soliciting “sexual intercourse” (which in turn is defined as “vulvar penetration”), whether the statement “that he was looking for sex and he wanted me to masturbate and that he wanted to… Read More

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State v. Scott L. Stevenson, 2000 WI 71, 236 Wis. 2d 86, 613 N.W.2d 72, on certification For Stevenson: Elizabeth Cavendish-Sosinski, Daniel P. Fay Issue: Whether § 944.205(2)(a) is overbroad. Holding: Yes. § 944.205(a) (a) prohibits depictions of nudity without the person’s knowledge and consent. Because this statute implicates first amendment rights, the state assumes the… Read More

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County of Kenosha v. C & S Management, 223 Wis.2d 373, 588 N.W.2d 236 (1999), on certification For C & S: Robert R. Henak, and Shellow, Shellow & Glynn Holdings: Obscenity statute, Wis. Stat. § 944.21 (1995-96), survives freedom-of-speech and void-for-vagueness challenges. Expert testimony on community standards isn’t constitutionally required; telephone survey wasn’t relevant, largely… Read More

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