Due Process – Motion to Dismiss

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Alina N. Caminiti; State of Wisconsin v. Matthew B. Caminiti

Case No.: 2015AP122-CR; 2015AP123-CR

Officials: Kloppenburg, P.J., Higginbotham, and Blanchard, JJ

Focus: Due Process – Motion to Dismiss

Alina and Matthew Caminiti, a couple with two young children, were convicted at a joint jury trial of multiple counts of intentionally causing bodily harm to their children, in violation of WIS. STAT. § 948.03(2)(b) (2013-14).  The evidence at trial included statements by Alina and Matthew that each had engaged in what they referred to as “rod discipline” of their children. By the Caminitis’ own accounts, rod discipline involved striking the children on their bare bottoms with wooden spoons or rods, using sufficient force to cause bruising. The State does not dispute the Caminitis’ contention that their practice of rod discipline was an exercise of their sincerely held religious beliefs. Alina and Matthew argued to the circuit court that this prosecution abridges their substantive due process right to discipline their children, and their rights to the free exercise of religion under the United States Constitution and to freedom of conscience under the Wisconsin Constitution. The court rejected these arguments, and Alina and Matthew appeal their respective judgments of conviction and orders denying pretrial motions to dismiss based exclusively on these constitutional issues. On appeal, the Caminitis pursue only arguments based on facial constitutional challenges to the set of statutes at issue. For the reasons provided below, we affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.