JonathanTurley

AUGUST 25, 2022

There is a controversy at the University of Wisconsin this week after the Dane County District Attorney’s Office in Wisconsin filed misdemeanor battery charges against three teens suspected in the brutal assault of a UW-Madison Chinese PhD student. The reason, however, appears a key distinction in the Wisconsin criminal code.

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Misdemeanor Felony Criminal Law Court 34

JonathanTurley

NOVEMBER 15, 2021

I recently wrote a column stating that the sixth count appeared to be based on a factually and legally inapplicable provision of Wisconsin law. This is the loss of the least serious charge, but prosecutors lost more than just a misdemeanor conviction in the decision. An opening statement is like an oral contract with the jury.

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Misdemeanor Court Contract Laws 50

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.

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Statute Misdemeanor Criminal Law Felony 57

JonathanTurley

NOVEMBER 15, 2021

In coverage of this trial, one would think that there were parallel trials occurring in Kenosha, Wisconsin. Rittenhouse is facing six charges that range from first-degree homicide to a misdemeanor of being a minor in possession of a dangerous weapon. At this stage, the prosecution may celebrate even a misdemeanor conviction.

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