Criminal Procedure — double jeopardy — mistrials

Wisconsin Court of Appeals

Criminal

Criminal Procedure — double jeopardy — mistrials

The State appeals the circuit court’s order granting Susan Thorstad’s motion to dismiss the criminal complaint on double jeopardy and due process grounds, as well as the order denying the State’s motion to reconsider the order dismissing the complaint. The State contends that neither double jeopardy nor due process prohibits a second prosecution in this case because Thorstad moved for the mistrial and was not induced to do so by “prosecutorial overreaching.” We agree that a retrial is not barred on double jeopardy or due process grounds. Therefore, we reverse the order dismissing the criminal complaint and the order denying the State’s motion for reconsideration; and we remand for further proceedings. This opinion will not be published.

2011AP2349-CR & 2011AP2854-CR State v. Thorstad

Dist IV, Dane County, Ehlke, J., Vergeront, J.

Attorneys: For Appellant: Weber, Gregory M., Madison; Mitchell, Everett, Madison; For Respondent: Giesen, Charles W., Madison