No. 25-423

Daniel Jon Fouliard v. Wisconsin

Lower Court: Wisconsin
Docketed: 2025-10-08
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: bail-jumping brady-violation constitutional-rights due-process exculpatory-evidence free-speech
Key Terms:
DueProcess FirstAmendment FourthAmendment CriminalProcedure HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2025-12-05 (distributed 2 times)
Question Presented (AI Summary)

Whether prosecutors violated the petitioner's constitutional rights by prosecuting protected forms of non-violent free speech as felonies, and whether the state's actions prevent access to exculpatory evidence in violation of due process

Question Presented (OCR Extract)

1) It is ideal for the Supreme Court to review Fouliardv. Wisconsin to clarify the constitutionality of “bail jumping” because non-violent, non-argumentative, nonthreatening, information seeking forms of free speech not directed, “directly, nor indirectly”, at anyone on the prohibited contact list, were prosecuted as the crimes of felony bail jumping, harassment, and stalking! Did Prosecutors violate This Petitioner’s Constitutional Rights, via the overbreadth & vagueness doctrines, by prosecuting protected forms of non-violent free speech as felonies? 2) If the average person knows it is impossible to falsely imprison anyone in this Master Bedroom after looking at the floor plan and reading the DA’s write up: is it a violation of This Petitioner’s 5‘ and 14th amendment rights to continue to label This Petitioner a “Domestically Violent Abuser & Stalker” via a miscarriage of justice? And does This Petitioner qualify for any exceptional discretionary legal remedies? 3) This Court may also find it ideal to accept this case to clarify how the Clergy Privilege is “sedulously foster” in America to lower Courts ii according to previous U.S. Supreme Court rulings. Being that The Clergy Privilege was claimed via Notarized Affidavit on Sept 24th, 2021 and declined on Sept. 27‘, 2021. Is not any evidence of communicating with a Pastor unlawful evidence, and therefore barred via “The Fruit from the Poison Tree Doctrine” by the 4» Amendment Right against illegal searches? 4) May this Court also accept this case to clarify the nature of “exculpable evidence”. Is it a violation of the findings in [Brady V. Maryland, 373 U.S. 83 (1963)], and [Federal Rule of Criminal Procedure 33], as well as violations of Constitutional due process provided for by the 5th and 14th Amendments to prevent any person from acquiring new evidence because The State — under the threat of imprisonment and or additional criminal charges — is actively preventing This Petitioner from gaining access to this Petitioners children who were eyewitnesses that have exculpable testimonial evidence? Is not The State in sole possession of the exculpable evidence, if This Petitioner is iii barred by The State from acquiring said evidence? This is a novel evidentiary question that represents an expansion of the [Brady V. Maryland, 373 U.S. 83 (1963)] findings, but is not any action States take to actively prevent exculpable evidence from being presented at trial, or after trial, a violation the following: a prosecutor’s constitutional duty to provide exculpable evidence, all of the Bill of Rights, and Wisconsin’s own Law [State Statute 971.23(1)(h)], as well as The Spirit of The Law? iv II.

Docket Entries

2025-12-08
Petition DENIED.
2025-11-18
DISTRIBUTED for Conference of 12/5/2025.
2025-11-14
Waiver of right of respondent Wisconsin to respond filed.
2025-10-06
Motion (25M14) Granted.
2025-08-20
DISTRIBUTED for Conference of 9/29/2025.
2025-08-14
Response of petitioner to motion for leave to file the petition for a writ of certiorari under seal with redacted copies for the public record filed.
2025-07-11
Motion of respondent for leave to file the petition for a writ of certiorari under seal with redacted copies for the public record filed.
2025-05-13
Petition for a writ of certiorari filed. (Response due November 7, 2025)

Attorneys

Daniel J. Fouliard
Daniel Fouliard — Petitioner
Daniel Fouliard — Petitioner
Wisconsin
Sonya Knecht BiceWisconsin Department of Justice, Respondent
Sonya Knecht BiceWisconsin Department of Justice, Respondent