Stepniewski v. Gagno

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

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.