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A. Rational basis test

State v. James D. Heidke, 2016 WI App 55; case activity (including briefs) The state charged Heidke with one count of use of a computer to facilitate a child sex crime. Heidke moved to dismiss the penalty enhancer in §939.617(1) because it violates the Equal Protection Clause of the Fourteenth and Eighth Amendments in that it… Read More

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State v. Colton M., 2015 WI App 94; case activity Colton challenges his delinquency adjudication for repeated acts of sexual contact with a child under the age of 16 under § 948.025(1)(e), arguing that applying the statute to him violates due process because it provides insufficient standards for distinguishing him from D., the victim, as both were 15 years old and both engaged in… Read More

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State v. Daniel M. Hirsch, 2014 WI App 39; case activity The equal protection clause isn’t violated by § 343.307(1)(d)‘s differing treatment of Wisconsin and out-of-state” zero tolerance” OWI offenses (which penalize drivers under the legal drinking age who drive with any alcohol concentration). Hirsch had two prior driver’s license suspensions for violation Illinois’s zero tolerance law… Read More

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Milwaukee County v. Mary F.-R., 2012AP958, affirming an unpublished court of appeals opinion; case activity Majority opinion by Justice Crooks; concurrence by Chief Justice Abrahamson; additional concurrence by Justice Ziegler (joined by Justices Roggensack and Gableman) The issues in this case spring from State v. Post, 197 Wis. 2d 279, 318-319, 541 N.W.2d 115 (1995)(“persons committed under… Read More

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State v. Gerald L. Lynch, Jr., 2006 WI App 231, PFR filed 11/6/06 For Lynch: David R. Karpe Issue: Whether a higher level of scrutiny applies to an equal protection challenge to a prison early release program which categorically withholds eligibility from certain types of crimes. Holding: ¶13      The State, on the other hand, argues that we should… Read More

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State v. Alan R. Radke, 2003 WI 7, affirming 2002 WI App 146 For Radke: William E. Schmaal, SPD, Madison Appellate Issue/Holding: ¶5. The precise question raised, therefore, is whether the “two strikes” law violates the Due Process Clause of either the United States or Wisconsin Constitution because it requires a greater penalty to be imposed on… Read More

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