By: WISCONSIN LAW JOURNAL STAFF//April 11, 2013//
Wisconsin Court of Appeals
Criminal
Stalking — sufficiency of the evidence
James Hills was convicted of stalking and extortion. The primary evidence of these crimes was contained in letters and other communications directed at government officials, including the alleged stalking and extortion victim, an assistant city attorney who prosecuted Hills for disorderly conduct. On appeal, Hills makes four arguments: 1) the trial evidence was insufficient to support his conviction for stalking; 2) the trial evidence was insufficient to support his conviction for extortion; 3) his convictions violate the First Amendment because the statements that support his convictions are constitutionally protected speech; and 4) the circuit court erroneously denied Hills’ requested jury instructions incorporating his First Amendment theory of defense. We reject all four arguments, and affirm the circuit court. Not recommended for publication in the official reports.
Dist IV, Dane County, Ehlke, J., Lundsten, P.J.
Attorneys: For Appellant: Rosenberg, Michael D., Madison; For Respondent: O’Brien, Daniel J., Madison; Ozanne, Ismael R., Madison