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Thread: Neighbor arrested for open carry in his yard

  1. #1
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    Posted: Tue Oct 21st, 2008 08:02 am
    Thread closed at the request of defendant's counsel until after the hearing this week.

    Keep him in your thoughts. We cannot afford to have a bad ruling in this.
    http://opencarry.mywowbb.com/forum57/15318-3.html

    That was 12 days ago, anything new, or are we still intentionaly avoiding the subject?


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    Support The 2nd wrote:
    Posted: Tue Oct 21st, 2008 08:02 am
    Thread closed at the request of defendant's counsel until after the hearing this week.

    Keep him in your thoughts. We cannot afford to have a bad ruling in this.
    http://opencarry.mywowbb.com/forum57/15318-3.html

    That was 12 days ago, anything new, or are we still intentionaly avoiding the subject?
    Sometimes lawyers will ask that anything related to the incident/crime should be removed. I believe, from reading the post that this is what happened.

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    shernandez wrote:
    Sometimes lawyers will ask that anything related to the incident/crime should be removed. I believe, from reading the post that this is what happened.
    I guess I'd also ask the question as to status of hearing anyway... and let mod(s) advise as they deem necessary. Meanwhile, in the interest of just discussion, I happen to run across aref I keep on file regarding DC. Maybe it will help someone assist a fledgling attorney who's decided to represent them, possibly leading to fewer billable hours:

    From the WI Supreme Court Opinion in State v. Douglas D (minor)(Case 99-1767) in para 27:

    [Section 947.01, the DC statute] does not imply that all conduct which tends to annoy another is disorderly conduct. Only such conduct as unreasonably offends the sense of decency or propriety of the community is included. The statute does not punish a person for conduct which might possibly offend some hypercritical individual. The design of the disorderly conduct statute is to proscribe substantial intrusions which offend the normal sensibilities of average persons or which constitute significantly abusive or disturbing demeanor in the eyes of reasonable persons.
    Zwicker, 41 Wis.2d at 508. Thus, we agree that ยง947.01 requires more than mere offensive speech or behavior.

    IANAL but it seems inadvisable to cite the case in entirety, as the issue at hand seems to have been of threat communicated to a teacher via a writing assignment. Nonetheless, it might provide some insight as to the thinking of the court.


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    Update?

    It is almost 2009!

  5. #5
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    Did he plead guilty?

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    *

  7. #7
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    Pointman wrote:
    No, he's still fighting it. The judge refused to dismiss the case.

    See the continued story here: Open Carry court case: West Allis City Courthouse on Tuesday December 16th at 8 am: http://opencarry.mywowbb.com/forum57/19480-1.html
    I saw that thread. I did not realize this was the same case. Thanks.

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