Vacated Judgments

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Jama I. Jama

Case No.: 2014AP2432-CR

Officials: Kloppenburg, P.J., Lundsten and Higginbotham, JJ.

Focus: Vacated Judgments

The State appeals the circuit court’s order vacating three of five jury verdicts against Jama I. Jama. Following a jury trial, the court set aside a verdict finding Jama guilty of one count of sexual intercourse without consent, in violation of WIS. STAT. § 940.225(3), and two counts of burglary, in violation of WIS. STAT. § 943.10.1 The court let stand guilty verdicts on one count of theft and one count of sexual intercourse with a person who is so intoxicated as to be incapable of giving consent, in violation of § 940.225(2)(cm). The State argues that the circuit court erred in setting aside the three verdicts. We agree that the circuit court erred in setting aside the verdict on the § 940.225(3) sexual assault count. However, we uphold the circuit court as to the burglary counts. We therefore reverse only as to the § 940.225(3) sexual assault count. We remand for the circuit court to reinstate the guilty verdict on that count and for further sentencing proceedings.

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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.