State v. Korry L. Ardell, 2017AP381-CR, District 1, 3/6/18 (not recommended for publication); case activity (including briefs) Ardell was convicted of stalking in violation of § 940.32(2) for sending emails about N., a woman he had dated, to a former employer of N. (¶¶3-20). The court of appeals rejects his arguments that, under the plain… Read more
28. Sec. 940.32
State v. Donald W. Maier, 2013AP1391-CR, District 4, 5/8/14 (not recommended for publication); case activity The First Amendment did not preclude prosecuting Maier for stalking based on letters he sent because the letters constituted a “true threat” and thus were not protected speech. In 2006 a jury convicted Maier of threatening a judge. In 2011, after he… Read more
State v. James D. Hills, 2012AP1901-CR, District 4, 4/11/13; court of appeals decision (not recommended for publication); case activity Hills sent letters and made at least one phone call to an assistant city attorney (ACA) who, he believed, had wrongfully prosecuted him under the city’s disorderly conduct ordinance. In those communications he berated the ACA (calling… Read more
State v. Gary M. Hemmingway, 2012 WI App 133; case activity Stalking, § 940.32(2m)(a), which previously survived overbreadth and vagueness challenges based on rights to travel and equal protection, State v. Ruesch, 214 Wis. 2d 548, 571 N.W.2d 898 (Ct. App. 1997), now withstands a free-speech challenge: The statute isn’t a facially overbroad regulation of protected… Read more
State v. Janet A. Conner, 2011 WI 8, affirming 2009 WI App 143; for Conner: Stephen E. Mays; case activity; Conner BiC; State Resp.; Reply Stalking, § 940.32 – Notice of Charge, “Course of Conduct” Stalking requires proof of, among other elements, a “course of conduct” which “means a series of 2 or more acts carried out… Read more
State v. Carl Ralph Eichorn, 2010 WI App 70; for Eichorn: Melissa Fitzsimmons, SPD, Milwaukee Appellate; BiC; Resp.; Reply Evidence was sufficient to support stalking conviction, though the requisite “course of conduct” occurred over short span of time: ¶9 In sum, there is more than sufficient evidence under our standard of review to… Read more
State v. Janet A. Conner, 2009 WI APP 143, PFR filed 9/28/09 For Conner: J. Steven House Issue/Holding: ¶11 Wisconsin Stat. § 940.32 creates three distinct classifications of stalking offenses. See State v. Warbelton, 2009 WI 6, ¶24, 315 Wis. 2d 253, 759 N.W.2d 557. Subsections (2) and (2e) each set forth separate requirements for Class… Read more
State v. Janet A. Conner, 2009 WI APP 143, PFR filed 9/28/09 For Conner: J. Steven House Issue/Holding: ¶19 We conclude that the seven year time restriction specified in Wis. Stat. § 940.32(2m)(b) requires that only the final act charged as part of a course of conduct occur within seven years of the previous conviction… Read more
