01-0798-CRLV State v. Everts

By: dmc-admin//August 27, 2001//

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Chad Everts contends that the prosecutor in this case, assistant district attorney Shelly Rusch, intentionally provoked a mistrial because her case was going badly and, therefore, that double jeopardy attached such that it was error for the trial court to allow the State to retry him. He petitioned for review of the nonfinal order allowing retrial. We granted a stay of the trial and ordered briefing to determine whether we should grant the petition for leave to appeal.

We now grant leave but affirm the order on the grounds that the trial court’s finding that Rusch did not intentionally provoke a mistrial is not clearly erroneous.

This opinion will not be published.

Dist II, Kenosha County, Schroeder, J., Brown, J.

Attorneys:

For Appellant: Ann S. Jacobs, Kenosha

For Respondent: Richard A. Ginkowski, Kenosha; Robert J. Jambois, Kenosha

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