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1. Constitutional issues

State v. Keith J. Eggum, 2016AP2036-CR, District 2, 11/8/17 (one-judge decision; ineligible for publication); case activity (including briefs) And that factual finding dooms Eggum’s claim that his “noticeably disheveled” appearance made his trial unfair. Eggum’s complaint about the presence of extra officers for courtroom security fares no better. And topping it all off, Eggum’s First Amendment defense to the… Read More

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State v. Ginger M. Breitzman, 2015AP1610-CR, District 1, 8/16/16 (not recommended for publication), petition for review granted 3/13/2017; case activity (including briefs) The court of appeals rebuffs Breitzman’s arguments that there was insufficient evidence to convict her of child neglect and disorderly conduct and that her trial lawyer was ineffective. Sufficiency of the evidence The… Read More

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State v. Kaleb K., 2013AP839, District 4, 11/27/13; court of appeals decision (1-judge; ineligible for publication); case activity Kaleb posted a video on YouTube that depicted him “rapping” a song about his Spanish teacher. The song used “crude and vulgar sexual language” about the teacher. (¶2). (The trial court was harsher, characterizing the video as… Read More

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State v. Robert T., 2008 WI App 22For Robert T.: Bradley J. Bloch Issue: Whether § 947.015 (2003-04) (“Bomb Scares”) is overbroad and therefore cannot support prosecution for a phoned-in but false bomb threat. Holding: ¶12      Robert T. argues that the statute suffers from overbreadth because it prohibits speech that could be protected. We disagree. Prior Wisconsin opinions… Read More

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Ralph Ovadal v. City of Madison, 416 F.3d 351 (7th Cir 2005) Issue/Holding: Use of disorderly conduct to Overdal’s peaceful protest (displaying large signs on Beltline pedestrian overpass) was not unconstitutionally vague as applied to him; however, remand required to determine whether the ban was content neutral and narrowly tailored… Read More

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State v. Douglas D., 2001 WI 47, 243 Wis. 2d 204, 626 N.W.2d 725, reversing unpublished court of appeals decision For Douglas D.: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether purely written speech may be punished as disorderly conduct, § 947.01, even where no disturbance results. Holding: The disorderly conduct statute, applied to speech… Read More

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