Court Error – Jury Instructions

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Case Name: State of Wisconsin v. George W. Mallum, III

Case No.: 16AP765-CR

Officials: Brash, J.

Focus: Court Error – Jury Instructions

George W. Mallum III appeals from a judgment convicting him of two counts of disorderly conduct: one with the use of a dangerous weapon and one as an act of domestic abuse. He also appeals an order denying his postconviction motion. On appeal, Mallum makes the following arguments: (1) the conviction for disorderly conduct, domestic abuse is multiplicitous of disorderly conduct, possession of a firearm and should be vacated; (2) the domestic abuse surcharge should be vacated because the jury did not receive an instruction on the domestic abuse modifier; (3) the court incorrectly imposed a lifetime ban on possessing firearms to Mallum’s sentence pursuant to 18 U.S.C. § 922(g) and the court incorrectly imposed a lifetime ban on possessing firearms as a condition of Mallum’s probation; (4) that 18 U.S.C. § 922(g) is unconstitutional on its face or, in the alternative, as applied in this case; and (5) Wis. Stat. § 973.055 is unconstitutional as applied in this case. We disagree and affirm.

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