JonathanTurley
NOVEMBER 14, 2021
In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. Criminal laws are supposed to be interpreted narrowly.
JonathanTurley
MAY 2, 2021
Here is the underlying criminal provision: 609.78 Misdemeanor offenses. Gross misdemeanor offenses. At a minimum, the school should establish that calling for such harassment is a violation of the student code and that such conduct will not be tolerated in any student, including Meyers. Subdivision 1.Misdemeanor
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JonathanTurley
OCTOBER 19, 2021
Generally there is no duty to rescue or to call police under the common law. For example, Washington state allows for the charging of a misdemeanor. The law covers violent crimes, sexual assault, and assault of a child. Some states have moved to penalize those who do not call police.
JonathanTurley
JULY 13, 2023
Attorney’s Office for the Northern District of Ohio charged Durant with a “federal misdemeanor charge under the Freedom of Access to Clinic Entrances (FACE) Act.” The most recent is a student at Bowling Green State University named Whitney Durant, who reportedly had a history of extremist conduct at the school before her arrest.
JonathanTurley
APRIL 2, 2022
Aladin was charged with robbery, which is a second degree felony, and Whettstone and Lawrence were charged with first degree misdemeanor assault. Oberlin maintained in court filings that the son and grandson of the owners of Gibson’s Bakery “violently and unreasonably attacked” an unarmed student, but that is not how the police viewed it.
JonathanTurley
MAY 19, 2021
Here is what the provision states: “Any person who, by his advertisement, ridicules or holds up to contempt any person or class of persons, on account of the creed, religion, color, denomination, nationality or race of such person or class of persons, shall be guilty of a class D misdemeanor.”
JonathanTurley
MAY 12, 2021
” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent.
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