Court Error – Injunctions

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Michael K. Lorentz

Case No.: 2018AP1515-CR

Officials: HRUZ, J.

Focus: Court Error – Injunctions

Michael Lorentz appeals a judgment, entered following a jury trial, that convicted him of one count of knowingly violating a domestic abuse injunction, contrary to WIS. STAT. § 813.12(8)(a), and three counts of knowingly violating a child abuse injunction, contrary to WIS. STAT. § 813.122(11). Lorentz raises three arguments on appeal. First, he argues the circuit court erred by publishing the injunctions to the jury without redacting the terms “domestic abuse” and “child abuse.” Second, he contends §§ 813.12(8)(a) and 813.122(11) are unconstitutional as applied to him because the underlying injunctions are unconstitutionally vague. Third, Lorentz argues the evidence at trial was insufficient to support his convictions.

Assuming without deciding that the circuit court erred by publishing the unredacted injunctions to the jury, we conclude any error in that regard was harmless. We further conclude that the injunctions are not unconstitutionally vague, and, as such, WIS. STAT. §§ 813.12(8)(a) and 813.122(11) are not unconstitutional as applied to Lorentz. Finally, we reject Lorentz’s argument that the evidence at trial was insufficient to support his convictions. We therefore affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.