On Point blog, page 1 of 1
Double Jeopardy – Multiplicity: Bail Jumping – Single Bond, Same Condition but Different Cases
State v. Dana Eaglefeathers, 2009 WI App 2, PFR filed 1/9/09
For Eaglefeathers: Patricia A. Fitzgerald
Issue/Holding: Violation of the same condition in a single bond applicable to two different cases (failure to appear at both preliminary hearings scheduled for the same time and court) supports multiple bail jumping charges:
¶8 The parties do not dispute that the offenses charged against Eaglefeathers are identical in law;
§ 946.12(3), Misconduct in Public Office: Vagueness, Overbreadth, Speech and Debate Clause, Separation of Powers Challenges
State v. Charles Chvala, 2004 WI App 53, affirmed, 2005 WI 30
For Chvala: James A. Olson, et. al, Lawton & Cates
Holdings:
- Section 946.12(3), which proscribes exercising a discretionary power inconsistent with the duties of the defendant’s office (in this instance, a state legislator) is not vague. Though those “duties” aren’t identified in any specific statute,
First Amendment – Overbreadth – Flag Desecration
State v. Matthew C. Janssen, 219 Wis.2d 362, 580 N.W.2d 260 (1998), affirming 213 Wis. 2d 471, 570 N.W.2d 746 (Ct. App. 1997)
For Janssen: Eugene A. Bartman, Brian G. Figy, SPD, Appleton Trial
Issue: Whether the flag desecration statute is constitutional.
Holding: The flag desecration statute, sec. 946.05, violates first amendment overbreadth principles, and can’t be saved by severing the unconstitutional portions.