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STATE v. SCHENK

No. 16-166.

190 A.3d 820 (2018)

2018 VT 45

STATE of Vermont v. William SCHENK.

Supreme Court of Vermont.

May 4, 2018.

Attorney(s) appearing for the Case

Justin Jiron , Acting Chittenden County State's Attorney, and Aimee Griffin , Deputy State's Attorney, Burlington, for Plaintiff-Appellee.

Matthew F. Valerio , Defender General, Rebecca Turner , Appellate Defender, and James LaRock and Andrew Rome , Law Clerks (On the Brief), Montpelier, for Defendant-Appellant.

James Diaz , Lia Ernst and Julie Kalish , ACLU Foundation of Vermont, Montpelier, for Amicus Curiae American Civil Liberties Union Foundation of Vermont.

Thomas J. Donovan, Jr. , Attorney General, and Benjamin D. Battles , Assistant Attorney General, Montpelier, for Amicus Curiae Vermont Attorney General.

PRESENT: Reiber, C.J., Dooley, Skoglund, Robinson and Eaton, JJ.

¶ 1. Defendant William Schenk was charged with two counts of disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that the penalty should be enhanced under 13 V.S.A. § 1455 because the...

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