STEPNIEWSKI v. GAGNON 732 F.2d 567 (7th Cir. 1984). CASE BRIEF

STEPNIEWSKI V. GAGNON

732 F.2d 567 (7th Cir. 1984)

NATURE OF THE CASE: This was an appeal from the issuance of a writ of habeas corpus.

FACTS: Stepniewski (D) was convicted of violating a Wisconsin statute. That statute made it a criminal offense for any person to intentionally refuse, neglect, or fail to obey home improvement contractor regulations. D was convicted on 12 counts. The state court upheld the convictions. The Wisconsin Supreme Court had previously interpreted the statute as a strict liability law without an intent element. D sought a writ of habeas corpus in federal court; the absence of an intent element violated due process. The federal court issued the writ. The issuance of the writ was appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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