| Court: | Wisconsin Supreme Court |
| Facts: | A guy is charged with misdemeanor possession of marijuana and amphetamines. He could equally easily have just been ticketed for violating a city ordinance. |
| Posture: | Appealed from trial. |
| Issue: | Does the coexistence of state statute and municipal ordinance prohibiting the same conduct give prosecutors excessive charging disretion, in violation of equal protection or due process? |
| Holding: | No. The verdict is affirmed. |
| Rule: | This is no different from the discretion to prosecute at all. |
| Reasoning: | The legislature has specifically granted this power to the prosecutor. Also, the standard of proof for the statutory offense is higher than the ordinance (beyond reasonable doube vs. clear and convincing). |
| Dicta: | Karpinski didn't attempt to prove that the prosecution was discriminatory; just wants to say the dual-violation idea entitles him to the lesser. |