State v. Fisher

¶ 66. (dissenting). Because I strongly disagree with the majority's reaffirmation of the constitutionality of Wis. Stat. § 941.23, despite the overwhelming passage of Article I, Section 25 of the Wisconsin Constitution, I respectfully dissent. Although this case presents an as-applied challenge to the constitutionality of § 941.23,1 believe the statute is unconstitutional not only as applied here, but also on its face or per se, since it is contrary to Article I, Section 25. I write separately to reiterate the conclusions set *150forth in my concurrence/dissent in State v. Hamdan, 2003 WI 113,…