No. 18-6339

Michael T. Willan v. Petitioner

Lower Court: Wisconsin
Docketed: 2018-10-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights clear-and-present-danger constitutional-rights domestic-abuse due-process first-amendment free-speech injunction mens-rea notice
Key Terms:
AdministrativeLaw DueProcess FirstAmendment Securities Privacy
Latest Conference: 2018-11-16
Question Presented (AI Summary)

Whether the Wisconsin sec. 813.12 Domestic Abuse statute requires Mens Rea

Question Presented (from Petition)

QUESTIONS PRESENTED In 1979, our (Wisconsin) legislature acknowledged that domestic abuse was a serious statewide social concern which necessitated a comprehensive and informed response. Sec. 1, Ch. 111, Laws of 1979. It recognized the critical need for specialized assistance, not only to the victims of domestic abuse but also to the abusers. More resources had to be marshaled and new methods formulated to meet the challenge of this tragic social phenomenon. Id. As an additional means of alleviating the problem, the legislature enacted sec. 813.12, Stats. See sec. 19, 1983 Wis. Act 204. (App D) The Supreme Court of Wisconsin has never reviewed a case under this act and they declined our timely filed petition in this case. (App C) 1) The question is whether the Wisconsin sec. 813.12 Domestic Abuse statute requires Mens Rea, that the respondent be aware of the threatening nature of the communication used to get the injunction, and—if not—whether the First Amendment requires such a showing.? Elonis v. United States, 575U.S.___ (2015) 2) The question is whether Constitutional and United States Supreme Court precedential due process requires 813.12 to provide written prior notice of any new claims prior to the hearing? In re Gault, 387 U.S. 1 (1967) 3) Whether the United States Constitution requires Wisconsin sec. 813.12 Domestic Abuse statute to analyze the clear and present danger doctrine in Dennis v. United States, 341 U. S. 494, 568 before issuing an injunction? OS T

Docket Entries

2018-11-19
Petition DENIED.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-29
Waiver of right of respondent Petitioner to respond filed.
2018-09-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2018)

Attorneys

Michael T. Willan
Michael T. Willan — Petitioner
Michael T. Willan — Petitioner
Petitioner
Edward King Poor IVQuarles & Brady LLP, Respondent
Edward King Poor IVQuarles & Brady LLP, Respondent