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Criminal Weapon Possession – Mistrial

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Marvin Lee Rogers

Case No.: 2022AP000785-CRLV

Officials: Brash, C.J., Donald, P.J., and White, J.

Focus: Criminal Weapon Possession – Mistrial

Marvin Lee Rogers appeals from the non-final order of the circuit court denying his motion to dismiss a criminal weapon possession charge on the basis of double jeopardy. The appeals court concludes that the circuit court acted within its discretion to declare a mistrial and that there was manifest necessity to restart the proceedings.  Accordingly, the appeals court affirms the circuit court’s decision to deny Rogers’s motion to dismiss and the court remands the case to the circuit court for further proceedings.

Affirmed and Remanded.

Decided 01/18/23

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