Prima Facie – Selective Prosecution

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WI Court of Appeals – District II

Case Name: County of Walworth v. John Neighbors

Case No.: 2019AP1491; 2019AP1492; 2019AP1493; 2019AP1494; 2019AP1495; 2019AP1496

Officials: DAVIS, J.

Focus: Prima Facie – Selective Prosecution

John Neighbors appeals from judgments finding him guilty of six county zoning ordinance violations, after the trial court denied his motion to dismiss on the grounds of selective prosecution. On consolidated appeal, Walworth County asserts that Neighbors, by pleading guilty, waived his right to appeal. We disagree and choose to hear Neighbors’ appeal pursuant to County of Ozaukee v. Quelle, 198 Wis. 2d 269, 275-76, 542 N.W.2d 196 (Ct. App. 1995), abrogated on other grounds by Washburn County v. Smith, 2008 WI 23, 308 Wis. 2d 65, 746 N.W.2d 243. We further hold that the trial court was not clearly erroneous in determining that Neighbors did not establish a prima facie case of selective prosecution. See State v. Kramer, 2001 WI 132, ¶¶17-18, 248 Wis. 2d 1009, 637 N.W.2d 35. 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.