Favorite Wisconsin Cases to Teach: State v. Stewart
Kodanko waits alone for the bus in a three-sided plexiglass bus shelter in downtown Milwaukee. Three men approach. Stewart and Moore enter the bus shelter, while their companion, Levy, remains outside. They block Kodanko’s exit from the shelter. Stewart says to Kodanko, “Give us some change, man.” When Kodanko refuses, Stewart repeats his request three or four time in an increasingly loud voice. Stewart then begins to reach into his coat. Moore says, “Put that gun away.” At the same time, Levy enters the shelter and tells his companions, “Let’s go.” The three of them enter a restaurant across the street. Moore returns a few minutes later to make small talk with Kodanko. In due course, the police arrest Stewart for attempted robbery. But was it really a robbery attempt, or just aggressive panhandling?
This is the subject of State v. Stewart, 420 N.W.2d 44 (Wis. 1988), which I teach in my Criminal Law course. The case resonates with me on several different levels.