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Criminal Procedure — prosecutorial vindictiveness — double jeopardy
By: WISCONSIN LAW JOURNAL STAFF//December 15, 2011//
Criminal Procedure — prosecutorial vindictiveness — double jeopardy
By: WISCONSIN LAW JOURNAL STAFF//December 15, 2011//
Listen to this articleWisconsin Court of Appeals
Criminal
Criminal Procedure — prosecutorial vindictiveness — double jeopardy
In this interlocutory appeal, Clayton-Jones seeks dismissal of a sexual assault charge involving a ten-year-old boy filed in 2008.
The charge was filed immediately after sentencing on a sexual assault charge involving the same boy filed in 2006. Clayton-Jones argues that dismissal of the charge is required for two reasons: prosecutorial vindictiveness and a rule prohibiting a future prosecution when conduct is the subject of a “read-in” at sentencing. We reject each argument, affirm the order of the circuit court, and remand for further proceedings. Not recommended for publication in the official reports.
2010AP2239-CR State v. Clayton-Jones
Dist IV, Sauk County, Taggart, J., Lundsten, P.J.
Attorneys: For Appellant: Kohler, Martin E., Milwaukee; Powell, Craig S., Milwaukee; For Respondent: Barrett, Patricia A., Baraboo; Burgundy, Sarah, Madison
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