Questions of double jeopardy in a case involving child sexual assault have split the Wisconsin Supreme Court.

Tagged with: Double jeopardy sexual assault Wisconsin Supreme Court

Financier Jeffrey Epstein awaits a bail hearing after pleading not guilty this week to sex trafficking charges in a case brought a decade after he secretly cut a deal with prosecutors to dispose of nearly identical allegations.

Tagged with: Double jeopardy sex trafficking

Wisconsin Supreme Court justices on Tuesday grilled lawyers in the case of an Ozaukee County woman who was challenging sex assault convictions on the grounds that the state cannot not charge her for two crimes when her misdeeds had stemmed from only one action.

Tagged with: Double jeopardy Heather Steinhardt Kevin LeRoy Nicole Masnica Wisconsin Supreme Court

The Wisconsin Supreme Court will hear oral arguments Tuesday in three cases, two involving double-jeopardy claims and one involving out-of-state corporations.

Tagged with: Double jeopardy Peter Anderson Sandy Williams State v. Pal State v. Steinhardt Wisconsin Supreme Court

An appeals court has ruled that prosecutors properly charged a Milwaukee man with a different crime after finding out that he had not been previously found guilty of a felony.

Tagged with: conceal-carry Double jeopardy Joshua Berry

The U.S. Supreme Court’s ruling last week that a defendant cannot be retried, even when his acquittal was based on a judge’s blunder, was cheered by defense attorneys.

Tagged with: Double jeopardy Samuel Alito Sonia Sotomayor U.S. Supreme Court

2012AP113 State v. Poirier

Tagged with: Criminal Digest Criminal Procedure Digest Double jeopardy WI Court of Appeals Digest

2011AP2833-CR State v. Robinson

Tagged with: Criminal Digest Criminal Procedure Digest Double jeopardy WI Court of Appeals Digest

2012AP107-CR State v. Bullock

Tagged with: Criminal Digest Criminal Procedure Digest Double jeopardy Ineffective assistance WI Court of Appeals Digest

2012AP22-CR State v. Khatib

Tagged with: Criminal Digest Criminal Procedure Digest Double jeopardy mistrials WI Court of Appeals Digest

2011AP104-CR State v. Nicolai

Tagged with: Criminal Digest Criminal Procedure Digest Double jeopardy WI Court of Appeals Digest

The U.S. Supreme Court’s recent ruling that an informal jury poll did not rise to the level of an acquittal for double jeopardy purposes didn’t just draw mixed reactions from the justices themselves.

Tagged with: Double jeopardy Sonia Sotomayor Supreme Court

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

Tagged with: Criminal Digest Criminal Procedure Digest Double jeopardy mistrials WI Court of Appeals Digest

2010AP1056-CR State v. Armstrong

Tagged with: Criminal Digest Criminal Procedure Digest Double jeopardy WI Court of Appeals Digest

An informal vote taken by jurors before deliberations conclude and later reported to a judge in court does not amount to an acquittal, and therefore a retrial does not violate a defendant’s Double Jeopardy rights, the U.S. Supreme Court has ruled.

Tagged with: Double jeopardy Elena Kagan Ruth Bader Ginsburg Sonia Sotomayor Supreme Court

09-1265, 09-1287, 09-1376, 09-1602, 09-2093, 09-2109 U.S. v. Schiro

Tagged with: 7th Circuit Digest Criminal Digest Criminal Procedure Digest Double jeopardy

2011AP2659-CR State v. Rodebaugh

Tagged with: Criminal Digest Criminal Procedure Digest Double jeopardy mistrials WI Court of Appeals Digest

Sometime jury members can’t come to an agreement in criminal cases. But when jurors are prepared to acquit a defendant on the most serious charges in a case and are deadlocked on the lesser included charges, can a defendant be retried or has jeopardy attached?

Tagged with: certiorari Double jeopardy Elena Kagan Ruth Bader Ginsburg Samuel Alito Sonia Sotomayor Supreme Court

2011AP82 State v. Wilfert

Tagged with: Criminal Digest Criminal Procedure Digest Double jeopardy WI Court of Appeals Digest

10-2337 U.S. v. Halliday

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2010AP2239-CR State v. Clayton-Jones

Tagged with: Criminal Digest Criminal Procedure Digest Double jeopardy WI Court of Appeals Digest

Sentencing Consecutive sentences; double jeopardy

Tagged with: Consecutive sentences Criminal Digest Double jeopardy Sentencing Sentencing Digest WI Court of Appeals Digest

Criminal Procedure Ineffective assistance; double jeopardy; postconviction discovery

Tagged with: Criminal Digest Criminal Procedure Criminal Procedure Digest Double jeopardy Ineffective assistance WI Court of Appeals Digest

Criminal Procedure Double jeopardy George P. Boyer appeals from an order clarifying his sentence on revocation for Operating a Motor Vehicle Without the Owner’s Consent (OMVWOC). Boyer contends that the circuit court resentenced him in violation of his due process ...

Tagged with: Criminal Procedure Digest Double jeopardy

Criminal Procedure Double jeopardy Michael Waite appeals an amended judgment sentencing him after revocation of his probation and an order denying his motion to reinstate the sentence imposed in the initial judgment. Because we conclude that Waite had a legitimate ...

Tagged with: Criminal Procedure Digest Double jeopardy

Criminal Procedure Self-representation; ineffective assistance; speedy trials; prosecutorial misconduct; double jeopardy A jury convicted Jeffrey Edward Olson of three counts of second-degree sexual assault of two family members when the victims were minors. Olson appeals pro se from the judgment ...

Tagged with: Criminal Procedure Digest Double jeopardy Ineffective assistance prosecutorial misconduct Self-representation speedy trials

Criminal Procedure Double jeopardy Convictions for both first-degree reckless homicide by delivery of a controlled substance and contributing to the delinquency of a child with death as a consequence are not multiplicitous. “Rather than being a homicide statute, Wis. Stat. ...

Tagged with: Criminal Procedure Digest Double jeopardy

Criminal Procedure Double jeopardy; mistrials Where the prosecutor asked a question that elicited an answer that was not admissible, the district court should have held a hearing to inquire into the prosecutor’s motivation in asking the question. “The district court ...

Tagged with: Criminal Procedure Digest Double jeopardy mistrials

Criminal Procedure Double jeopardy Where a defendant never relinquished constructive possession of a firearm, it violated double jeopardy to convict him of two counts of being a felon in possession of a firearm. “[I]t is undisputed that Ellis relinquished actual ...

Tagged with: Criminal Procedure Digest Double jeopardy