Legal Opinion
Craig Thomas Bates v. Gary R. McCaughtry Warden, Waupun Correctional Institution
Court of Appeals for the Seventh Circuit
Decided May 30, 1991No. 89-3195PublishedCited by 97 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Until recently Wisconsin treated “endangering safety by conduct regardless of life” as a felony. Wis.Stat. § 941.30. The law provided: “Whoever endangers another’s safety by conduct imminently dangerous to another and evincing a depraved mind, regardless of human life, is guilty of a Class D felony.” The statute has three ambiguities. How close to the brink is “imminently” dangerous? What mental state is “depraved”? How much risk-taking shows that the defendant acted “regardless” of life? Reasonable persons can and do disagree in answering these questions. Wisconsin…
2Cases cited21 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- In Re WINSHIPSupreme Court of the United States · 1970
- Mullaney v. WilburSupreme Court of the United States · 1975
- Smith v. PhillipsSupreme Court of the United States · 1982
- Marks v. United StatesSupreme Court of the United States · 1977
16 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- James Perruquet v. Kenneth R. BrileyCourt of Appeals for the Seventh Circuit · 2004
- Paul Eichwedel v. Brad CurryCourt of Appeals for the Seventh Circuit · 2012
- Annette Sanford v. Joan Yukins, WardenCourt of Appeals for the Sixth Circuit · 2002
- David Gordon, Individually and as Father and Next Friend of Adam Gordon v. Dennis DegelmannCourt of Appeals for the Seventh Circuit · 1994
- Harrison Fagan v. Odie Washington, Warden, and Roland W. Burris, Attorney General of the State of IllinoisCourt of Appeals for the Seventh Circuit · 1991
92 more not listed; retrieve them via the Exa API.