5th Amendment – Double Jeopardy

By: Derek Hawkins//April 29, 2016//

Listen to this article

Venue: WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Russell C. Troka

Case No.: 2014AP2470-CR

Officials: Kloppenburg, P.J., Sherman and Blanchard, JJ.

Russell Troka appeals a non-final order denying his motion to dismiss four criminal counts arising from an alleged attack against A.Z. on double jeopardy grounds. Troka contends that the record does not reflect an adequate basis for a finding of manifest necessity warranting a mistrial over Troka’s objection, and, therefore, to retry Troka would violate his rights under the Fifth Amendment to the United States Constitution and article I, section 8 of the Wisconsin Constitution against double jeopardy. We agree and reverse the circuit court’s order.

Recommended for publication

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.

Select Region or Brand

Upcoming Event