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CCW — constitutionality

By: WISCONSIN LAW JOURNAL STAFF//April 17, 2012//

CCW — constitutionality

By: WISCONSIN LAW JOURNAL STAFF//April 17, 2012//

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Wisconsin Court of Appeals

Criminal

CCW — constitutionality

Clarence E. Brown appeals from the judgment of conviction and the order denying his postconviction motion. Brown was convicted after a jury trial of carrying a concealed weapon, contrary to Wis. Stat. § 941.23. Brown raises three issues on appeal: (1) whether § 941.23, on its face, violates the Second Amendment of the United States Constitution; (2) whether § 941.23, as applied, is unconstitutional under article I, section 25 of the Wisconsin Constitution and State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785; and (3) whether the trial court improperly exercised its discretion in not permitting Brown to assert a coercion defense. We reject each of Brown’s arguments in turn below. This opinion will not be published.

2011AP2049-CR State v. Brown

Dist I, Milwaukee County, Fiorenza, J., Brennan, J.

Attorneys: For Appellant: Drigot, Daniel R., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Weber, Gregory M., Madison; Wozniak, Chad, Milwaukee

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