On Point blog, page 7 of 7
Doubke Jeopardy – Multiplicity: Bail Jumping – Single Bond, Different Conditions
State v. Daniel Anderson, 219 Wis.2d 739, 580 N.W.2d 329 (1998), reversing State v. Anderson, 214 Wis. 2d 126, 570 N.W.2d 872 (Ct. App. 1997)
For Anderson: Jack E. Schairer, SPD, Madison Appellate
Issue: Whether violating different conditions of a single bond supports multiple bail jumping counts.
Holding: Anderson, released on an otherwise unrelated case, was ordered as a condition of bail not to drink or have contact with the victim.
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.
§ 946.49, Bail Jumping — Commission of New Crime Reversed on Appeal
State v. Ronald A. Hansford, 219 Wis.2d 226, 580 N.W.2d 171 (1998), on certification
For Hansford: Suzanne Hagopian, SPD, Madison Appellate
Issue: Whether a bail jumping conviction may be sustained where based solely on commission of a new crime while out on bond, and the new crime is reversed on appeal
Holding: In such a situation, the evidence is insufficient as a matter of law.