State v. Hamdan
Wisconsin Supreme Court
1Concurring in part, dissenting in part
*494N. PATRICK CROOKS, J.
¶ 99. (concurringI dissenting). For the reasons set forth below, I respectfully concur/dissent, since I agree with the majority's result that Hamdan's conviction should be reversed, but I dissent on the majority's action in remanding this matter.
¶ 100. The majority in this case improperly reads exceptions into Wis. Stat. § 941.23 in order to hold that it is constitutional. Such exceptions to the statute should not be made by this court, but by the legislature. Looking at the statute itself, I conclude that Wis. Stat. § 941.23 has become unconstitutional with the passage…
2Cases cited26 opinions
- Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
- State v. BangertWisconsin Supreme Court · 1986
- Lutz, David D. v. City of York, PennsylvaniaCourt of Appeals for the Third Circuit · 1990
- State v. ColeWisconsin Supreme Court · 2003
- State v. FryWisconsin Supreme Court · 1986
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