State v. Kurt D. Schmidt, 2010AP551-CR, District 3, 8/24/10 court of appeals decision (1-judge, not for publication); for Schmidt: Andrew John Laufers; BiC; Resp.; Reply Conviction for disorderly conduct was established by evidence that Schmidt, following a contentious divorce, left messages on his ex-wife’s answering machine cautioning her “to question (her) own personal assurance and… Read more
I. Ch. 947: Against public peace
Joseph E. Koll, Jr v. Dept of Justice, 2009 WI App 74, PFR filed 4/29/09 For Koll: Alexander L. Ullenberg Issue: Whether Koll’s conviction of so-called “non-domestic” disorderly conduct was for a misdemeanor crime of domestic violence as defined 18 U.S.C. §921(a)(33)(A), so as to preclude him from obtaining a handgun. Holding: The federal Gun Control Act bars… Read more
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
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
State v. Glenn F. Schwebke, 2002 WI 55, affirming 2001 WI App 99, 242 Wis. 2d 585, 627 N.W.2d 213 For Schwebke: Keith A. Findley, UW Law School Issue: Whether private, anonymous mailings to several individuals may support prosecution for disorderly conduct. Holding: ¶26… (T)he plain language of the statute does not specifically require a ‘public’ disturbance. Instead… Read more
State v. Michael A. Sveum, 2002 WI App 105, PFR filed 5/10/02 For Sveum: Ian A.J. Pit Issue/Holding: Violation of harassment injunction isn’t lesser offense of harassment, each requiring proof of distinct element. ¶¶23-28. (Court stressing, in particular, that for harassment defendant need only be “subject” to injunction but not actually violate it. ¶25.)… Read more
State v. Douglas D., 2001 WI 47, 243 Wis. 2d 204, 626 N.W.2d 725, reversing unpublished court of appeals decision For Douglas D.: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether purely written speech may be punished as disorderly conduct,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
Harassment, §§ 947.013(1m)(b), (1r) — Sufficiency of Evidence — Act “Accompanied By” Credible Threat
State v. Michael A. Sveum, 220 Wis. 2d 396, 584 N.W.2d 137 (Ct. App. 1998) For Sveum: Robert T. Ruth Issue/Holding: Sveum contends that the evidence was insufficient to prove that “[t]he act [was] accompanied by a credible threat.” The only threats alleged in this case occurred on October 16, 1994, when Sveum, among other… Read more
