Q. Vagueness

Implied consent law covering drivers not arrested for OWI is constitutional; defendant’s consent to blood draw was voluntary

May 26, 2014

State v. Megan A. Padley, 2014 WI App 65; case activity The implied consent statute that allows an officer to ask for a driver for a blood sample when the officer lacks probable cause to arrest for OWI but has “reason to believe” the driver committed a traffic violation, § 343.305(3)(ar)2., is not facially unconstitutional. In […]

Read the full article →

County ordinance prohibiting squealing of tires not unconstitutionally vague, so traffic stop based on suspicion of violation of ordinance was reasonable

July 28, 2013

State v. Michael E. Mauermann, 2012AP2568-CR, District 4, 7/25/13; court of appeals decision (1-judge; ineligible for publication); case activity Iowa County Ordinance § 600.08 provides that “[n]o person shall operate a motor vehicle so as to make any loud, disturbing or unnecessary noise in or about any public street, alley, park […]

Read the full article →

SCOW affirms convictions of praying parents

July 9, 2013

State v. Neumann, 2011AP1044 and 2011AP1105, on certification from the court of appeals; case activity; majority opinion by C.J. Abrahamson. In a 94-page decision, including a lone dissent by Justice Prosser, the Supreme Court of Wisconsin has affirmed the 2nd degree reckless homicide convictions of Dale and Leilani Neumann for […]

Read the full article →

TPR – constitutionality of child abuse grounds under Wis. Stat. § 48.415(5); propriety of summary judgment

March 10, 2013

Racine County v. Renee D., 2012AP1974, District 2, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity Wis. Stat. § 48.415(5) is not unconstitutionally vague and does not violate due process As applied to Renee D., the two elements for the “child abuse” ground under § 48.415(5) are: 1) […]

Read the full article →

Vagrancy (Begging), § 947.02(4) – Vague and Overbroad

November 20, 2012

State v. Bradley S. Johnson, Outagamie Co. Circ. Ct. No. 12CM495 circuit court decision; case activity Panhandling prosecution under § 947.02(4) is dismissed with prejudice because the vagrancy statute is unconstitutional under first amendment analysis: panhandling (“begging”) is a form of protected speech and its criminalization under § 947.02(4) is fatally vague and overbroad. State […]

Read the full article →

TPR – Default Judgment as to Grounds – Sufficiency of Evidence; § 48.415(6) – Constitutional Challenge, Vagueness

February 23, 2012

Dane Co. DHS v. Sophia S., 2011AP2639, District 4, 2/23/12 court of appeals decision (1-judge, not for publication); for Sophia S.: Faun M. Moses; case activity Although the parent isn’t required to object to the sufficiency of evidence adduced in support of a default judgment on grounds for termination (the court rejecting the […]

Read the full article →

TPR – Constitutionality, § 48.415(6)

February 8, 2012

Chippewa County Dept. of Human Services v. James A., 2011AP2613, District 3, 2/7/12 court of appeals decision (1-judge, not for publication); for James A.: Susan E. Alesia, SPD, Madison Appellate; case activity ¶18      James does not allege Wis. Stat. § 48.415(6) implicates a First Amendment right.  Therefore, the threshold question is whether James’ conduct plainly […]

Read the full article →

Distribution of Harmful Material to Children, § 948.11(2)(am) – Internet Chat Room Communication is “Verbal” Communication, within Statute

February 18, 2007

State v. Shawn B. Ebersold, 2007 WI App 232 For Ebersold: Lester A. Pines Issue: Whether message sent via Internet chat room supports prosecution for § 948.11(2)(am), verbally communicating harmful material to child. Holding: ¶9    In this case, the parties dispute whether Wis. Stat. § 948.11(2)(am) prohibits communication of a harmful […]

Read the full article →

Representations Depicting Nudity, § 942.09 – Sufficiency of Notice of Element of “Reasonable Expectation of Privacy”

February 13, 2006

State v. Mark E. Nelson, 2006 WI App 124, PFR filed 6/22/06 For Nelson: Robert R. Henak; Amelia L. Bizzaro Issue: Whether the phrase “reasonable expectation of privacy” in § 942.09 is unconstitutionally vague, where the conduct involved videotaping women in a second-floor bathroom in their own house. Holding: ¶39      However, this […]

Read the full article →

Gambling, § 945.03(5) — Constitutionality — Vagueness Challenge

February 13, 1998

State v. Lester E. Hahn, 221 Wis. 2d 670, 586 N.W.2d 5 (Ct. App. 1998) For Hahn: Bruce Elbert Issue/Holding: The meaning of “gambling machine” is sufficiently well-understood as to survive a vagueness challenge. (The court reserves whether “contrivance” might be vague when applied to facts not raised by this case.)

Read the full article →