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Tag Archives: Constitutionality

2011AP386-CR State v. Zarda

Disorderly Conduct Constitutionality William Zarda appeals an order denying his motion to dismiss based on his allegations that the disorderly conduct statute is unconstitutionally overbroad and vague, and unconstitutional as applied. We affirm. This opinion will not be published. 2011AP386-CR State v. Zarda Dist III, Marathon County, Grau, J., Peterson, J. Attorneys: For Appellant: Cveykus, Ricky, Wausau; For Respondent: Heimerman, ...

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2010AP1050-CR State v. Driessen

Possession of Marijuana Constitutionality Kenneth Driessen, pro se, appeals a judgment of conviction for possession of marijuana, second and subsequent offense; possession of drug paraphernalia; and operating while intoxicated, second offense. Driessen argues the circuit court erroneously denied his pretrial suppression motion. He further contends it is unconstitutional to criminalize marijuana possession, for various reasons. We reject Driessen’s arguments and ...

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08-3195 U.S. v. Fletcher

Child Pornography Scienter; constitutionality The lack of a scienter element does not render the criminalization of production of child pornography, 18 U.S.C. 2251(a), unconstitutional. “Given the competing social factors on both sides, we believe that § 2251 withstands constitutional scrutiny without a mistake-of-age defense. Particularly when judged in relation to the legitimate sweep of the statute, we consider it unlikely ...

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09-3117 U.S. v. Sanders

SORNA Constitutionality Thee Sex Offender Registration and Notification Act’s requirement that convicted sex offenders update their registration when they cross a state line is constitutional. “[T]he obligation to register imposed by section 16913 and the criminal penalties imposed by section 2250 on those who cross state lines without complying with their registration obligations are inextricably intertwined, as this court and ...

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