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BATES v. McCAUGHTRY

No. 89-3195.

934 F.2d 99 (1991)

Craig Thomas BATES, Petitioner-Appellant, v. Gary R. McCAUGHTRY, Warden, Waupun Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 30, 1991.

Attorney(s) appearing for the Case

Patrick Palace, Law Student, argued and Allen E. Shoenberger, Loyola Law School, Chicago, Ill., for petitioner-appellant.

Jerome S. Schmidt, Asst. Atty. Gen., Office of the Atty. Gen., Wisconsin Dept. of Justice, Madison, Wis., for respondent-appellee.

Before COFFEY, EASTERBROOK and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Until recently Wisconsin treated "endangering safety by conduct regardless of life" as a felony. Wis.Stat. § 941.30. The law provided: "Whoever endangers another's safety by conduct imminently dangerous to another and evincing a depraved mind, regardless of human life, is guilty of a Class D felony." The statute has three ambiguities. How close to the brink is "imminently" dangerous? What mental state is "depraved"? How much risk-taking...

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