On Point blog, page 1 of 1
Vagrancy (Begging), § 947.02(4) – Vague and Overbroad
State v. Bradley S. Johnson, Outagamie Co. Circ. Ct. No. 12CM495
circuit court decision; case activity
Panhandling prosecution under § 947.02(4) is dismissed with prejudice because the vagrancy statute is unconstitutional under first amendment analysis: panhandling (“begging”) is a form of protected speech and its criminalization under § 947.02(4) is fatally vague and overbroad. State v. Starks, 51 Wis.2d 256, 186 N.W.2d 245 (1971) (loitering statute unconstitutional as providing insufficient notice of prohibited conduct,
CCW, § 941.23 – Unconstitutional as Applied
State v. Jeremy D. Pinnow, Milwaukee Co. Circ. Ct. No. 2010CM1978, 2/11/11
circuit court decision; case activity
Carrying concealed weapon charge dismissed, under as-applied (state) constitutional challenge, Art. I § 25. Pinnow had a cased, unloaded gun underneath the seat of his car, had himself been the recent victim of an armed robbery, believed with reason he was transporting the gun in a lawful manner, and wasn’t carrying the gun for an unlawful purpose.
CCW – Constitutionality – Second Amendment
State v. Joshua D. Schultz, Clark County Case No. 10-CM-138, 10/12/10
Clark County circuit court decision; for Schultz: William Poss, SPD Trial, Black River Falls
The complaint in this matter alleges that on June 10, 2010, the defendant was carrying a concealed weapon, a knife in the waistband of his pants which was covered by his shirt. The State alleges this is contrary to section 941.23, Wis. Stats.