State v. Hamilton

This appeal, before the court on certification by the court of appeals pursuant to sec. 809.61, Stats. 1981-82, is from a judgment of conviction and from an order of the circuit court for Kenosha county, William U. Zievers, Circuit Judge. Kurt F. Hamilton, the defendant, was convicted of obstructing an officer contrary to sec. 946.41(1) ; his motion for postconviction relief was denied. We reverse the conviction.

This case presents an unusual fact situation, but the facts are simple and undisputed. The prosecution and conviction for obstructing an officer were based on the defendant’s refusal…