Stalking — constitutionality

Listen to this article

Wisconsin Court of Appeals

Criminal

Stalking — constitutionality

Donald Maier appeals the circuit court’s judgment convicting him of six counts of stalking under Wis. Stat. § 940.32, as a repeater. Maier also appeals the circuit court’s order denying his motion for postconviction relief. The stalking charges were based on two letters that Maier sent to jurors who had found him guilty in a prior criminal proceeding in 2006.

Maier argues that (1) the stalking statute is unconstitutional as applied to him under the First Amendment because his letters did not constitute a “true threat”; (2) the evidence was insufficient for the jury to find a true threat; (3) his trial counsel was ineffective in several respects; and (4) his sentence should be vacated based on a new sentencing factor and because the sentence was unduly harsh and excessive. We reject Maier’s arguments, and affirm. Not recommended for publication in the official reports.

2013AP1391-CR State v. Maier

Dist IV, Wood County, Counsell, J., Lundsten, J.

Attorneys: For Appellant: Aquino, Thomas Brady, Madison; For Respondent: Kassel, Jeffrey J., Madison; Lambert, Craig S., Wisconsin Rapids