On Point blog, page 1 of 1
SCOW: Disorderly conduct is not a “misdemeanor crime of domestic violence” that precludes granting a CCW license
Daniel Doubek v. Joshua Kaul, 2022 WI 31, 5/20/22, on certification from the court of appeals; case activity (including briefs)
A person convicted of a “misdemeanor crime of domestic violence” as defined under federal law, 18 U.S.C. § 921(a)(33)(A), is barred from possessing a gun under federal law and, therefore, from getting a license to carry a concealed weapon in Wisconsin, § 175.60(3)(b). A unanimous supreme court holds that a violation of § 947.01(1) is not a misdemeanor crime of domestic violence.
State presented sufficient evidence to support adjudication for making terrorist threats
State v. D.A.M., 2020AP821, District 2, 11/25/20 (one-judge decision; ineligible for publication); case activity
The evidence at D.A.M.’s trial was sufficient to show his conduct constituted a terrorist threat under § 947.019.
Court upholds convictions for multiple counts of sending unlawful emails, bail jumping
State v. Brian A. Barwick, 2017AP958-CR through 2017AP961-CR, District 1, 9/5/18 (not recommended for publication); case activity (including briefs)
Barwick was charged with eleven counts of various crimes in four separate cases that were consolidated for trial. He makes various unsuccessful challenges to his convictions.
Disorderly conduct isn’t a lesser included of unlawful use of a computerized communication system
State v. James C. Faustmann, 2017AP1932-CR, District 2, 3/7/18 (one-judge decision; ineligible for publication); case activity (including briefs)
Under the test for lesser included offenses under § 939.66(1), disorderly conduct in violation of § 947.01(1) isn’t a lesser-included offense of unlawful use of a computerized communication system in violation of § 947.0125(2)(a).
Evidence sufficient to establish disorderly conduct
City of New Richmond v. Warren Wayne Slocum, 2016AP1887, District 3, 10/11/17 (one-judge decision; ineligible for publication); case activity (including briefs)
Slocum unsuccessfully challenges the sufficiency of the evidence used to find he violated a New Richmond municipal ordinance, § 50.88(a)(1), which tracks § 947.01(1).
Grabbing, pushing, blocking exit sufficient to support disorderly conduct conviction
State v. Kerry A. Siekierzynski, 2015AP2350-CR, District 3, 9/7/16 (one-judge decision; ineligible for publication); case activity (including briefs)
Siekierzynski’s acts during an angry, emotional confrontation with his ex-wife over child visitation were enough to support the guilty verdict for disorderly conduct.
Conviction under § 947.01 for “violent, abusive and otherwise disorderly conduct” qualified as a “misdemeanor crime of domestic violence”
Robert W. Evans, Jr., v. Wisconsin Dep’t of Justice, 2014 WI App 31, overruled by Doubek v. Kaul, 2022 WI 31; case activity
A conviction for disorderly conduct under § 947.01 may qualify as a “misdemeanor crime of domestic violence” under 18 U.S.C. § 921(a)(33)(A), thus depriving the defendant of the right to possess a firearm.
Evans’s application for a permit to carry a concealed weapon was denied after DOJ concluded his 2002 disorderly conduct conviction qualified as a “misdemeanor crime of domestic violence.”
§ 947.01, Disorderly Conduct — Private Mailings
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,