Legal Opinion · Concurring in part, dissenting in part

State v. Hamdan

Wisconsin Supreme Court

Decided July 15, 2003No. 01-0056-CRPublished

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

  1. Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
  2. State v. BangertWisconsin Supreme Court · 1986
  3. Lutz, David D. v. City of York, PennsylvaniaCourt of Appeals for the Third Circuit · 1990
  4. State v. ColeWisconsin Supreme Court · 2003
  5. State v. FryWisconsin Supreme Court · 1986

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