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Criminal Procedure — double jeopardy – mistrials — manifest necessity

Wisconsin Court of Appeals

Criminal

Criminal Procedure — double jeopardy – mistrials — manifest necessity

This is a permissive appeal from an order of the circuit court granting a mistrial, after a jury was sworn, in the face of an objection by the defendant, Levi Rodebaugh. Rodebaugh argues that the circuit court erroneously determined that a “manifest necessity” justified a mistrial and that a new trial would be permitted. I agree with Rodebaugh. Accordingly, I direct that the complaint must be dismissed with prejudice. This opinion will not be published.

2011AP2659-CR State v. Rodebaugh

Dist IV, Monroe County, Ziegler, J., Lundsten, P.J.

Attorneys: For Appellant: Walker, Bryon J., La Farge; For Respondent: Weber, Gregory M., Madison; Croninger, Kevin D., Sparta


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