Legal Opinion

State v. William Schenk

Supreme Court of Vermont

Decided May 4, 2018No. 2016-166PublishedCited by 7 opinions

1Opinion of the CourtDooley, J.

*822¶ 1. Defendant William Schenk was charged with two counts of disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated. Defendant appeals the trial court's denial of his motion to dismiss the two disorderly conduct charges and the associated sentence enhancement. We hold that the State failed to establish a prima facie case because defendant's conduct conveyed…

2Cases cited36 opinions

  1. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  2. R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
  3. Texas v. JohnsonSupreme Court of the United States · 1989
  4. United States v. StevensSupreme Court of the United States · 2010
  5. Virginia v. BlackSupreme Court of the United States · 2003

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3Cited by7 opinions

  1. C. Paige Hinkson v. Stuart StevensSupreme Court of Vermont · 2020
  2. State of Vermont v. Christian J. NollSupreme Court of Vermont · 2018
  3. Ava Morton v. Mayah YoungSupreme Court of Vermont · 2023
  4. Gail Haupt v. John LangloisSupreme Court of Vermont · 2024
  5. Katlyn Bacigalupo v. Daniel BacigalupoSupreme Court of Vermont · 2022

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