Legal Opinion

State v. Duffy

Wisconsin Supreme Court

Decided February 29, 1972No. State 60PublishedCited by 39 opinions

1Opinion of the CourtConnor T. Hansen, J.

The defendant has consistently objected to the imposition of a mandatory jail sentence under sec. 343.44 (2), Stats. It is contended that (1) the provisions of the statute do not preclude the availability of probation to one convicted thereunder, and (2) a construction of the statute that would deny probation is in violation of one’s constitutional right to equal protection of the law.

Is probation an available alternative?

Prior to the amendment of sec. 343.44 (2), Stats., by ch. 292, Laws of 1967, the statute read as follows:

“343.44 Driving after license revoked or suspended.
“(2) Any person…

2Cases cited12 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942
  3. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  4. Graham v. RichardsonSupreme Court of the United States · 1971
  5. State Ex Rel. Johnson v. CadyWisconsin Supreme Court · 1971

7 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. State Ex Rel. Hammermill Paper Co. v. La PlanteWisconsin Supreme Court · 1973
  2. Kallas Millwork Corp. v. Square D Co.Wisconsin Supreme Court · 1975
  3. State v. CollovaWisconsin Supreme Court · 1977
  4. Law Enforcement Standards Board v. Village of Lyndon StationWisconsin Supreme Court · 1981
  5. In Interest of PAKWisconsin Supreme Court · 1984

34 more not listed; retrieve them via the Exa API.

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