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STATE v. HEMMINGWAY

No. 2011AP2372-CR.

825 N.W.2d 303 (2012)

345 Wis.2d 297

2012 WI App 133

STATE of Wisconsin, Plaintiff-Appellant, v. Gary M. HEMMINGWAY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed November 7, 2012.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Daniel J. O'Brien , assistant attorney general, and J.B. Van Hollen , attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Gerard F. Kuchler and Bradley J. Bloch of Racine Avenue Law Offices, Waukesha.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.

NEUBAUER, P.J.

¶ 1 The State of Wisconsin appeals from an order dismissing its complaint against Gary M. Hemmingway for stalking with a previous conviction of a violent crime, WIS. STAT. § 940.32(2m)(a) (2009-10).1 Hemmingway challenged the statute as a facially overbroad regulation of protected speech, in violation of the First and Fourteenth Amendments to the United States Constitution. The circuit court agreed with Hemmingway...

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