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CITY OF MILWAUKEE v. NELSON

No. 86-2234-CR.

149 Wis.2d 434 (1989)

439 N.W.2d 562

CITY OF MILWAUKEE, Plaintiff-Intervenor-Appellant-Cross Petitioner, STATE of Wisconsin, Plaintiff, v. Stefan NELSON, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided May 11, 1989.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs and oral argument by Peter D. Goldberg, assistant state public defender.

For the plaintiff-intervenor-appellant-cross petitioner there were briefs by Scott G. Thomas, assistant city attorney, and Grant F. Langley, city attorney, Milwaukee, and oral argument by Mr. Thomas.

Amicus curiae brief was filed by William A. Pangman and William A. Pangman & Associates, Waukesha, for American Civil Liberties Union of Wisconsin Foundation and Wisconsin Association of Criminal Defense Lawyers.

DAY, J.

This is a review of an unpublished court of appeals' decision which reversed an order of the Circuit Court for Milwaukee County, Honorable Russell W. Stamper, Judge. The circuit court had ruled that Milwaukee City Ordinance 106-31(1)(a),1 a loitering ordinance, was unconstitutionally vague and overbroad. It also found the ordinance and sec. 800.02(6), Stats. 1987-88

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