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Double Jeopardy
By: Derek Hawkins//May 17, 2016//
Listen to this articleWI Court of Appeals: District III
Case Name: State of Wisconsin v. Steven D. Stone
Case No.: 2015AP1363-CR
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Double Jeopardy
Steven Stone has petitioned this court for leave to appeal a nonfinal order denying his motion to dismiss on double jeopardy grounds following a mistrial. Stone argues a retrial is barred by double jeopardy principles because he has established, as a matter of law, that the prosecutor in this case committed prosecutorial overreaching by failing to adequately prepare a police witness who inadvertently offered prohibited testimony regarding Stone’s prior offenses. We grant Stone’s petition and reject his legal arguments because they are unsupported by controlling case law. Accordingly, we affirm and remand for further proceedings.
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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