Questions of double jeopardy in a case involving child sexual assault have split the Wisconsin Supreme Court.
Read More »Tag Archives: Double jeopardy
How Epstein’s secret deal could affect sex trafficking case
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.
Read More »Justices probe lawyers in double jeopardy case
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.
Read More »High court to hear double jeopardy, registered agents cases
The Wisconsin Supreme Court will hear oral arguments Tuesday in three cases, two involving double-jeopardy claims and one involving out-of-state corporations.
Read More »Appeals court finds prosecutors properly charged Milwaukee man on second try
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.
Read More »US Supreme Court’s double jeopardy ruling a blow to prosecutors
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.
Read More »Criminal Procedure — double jeopardy
2012AP113 State v. Poirier
Read More »Criminal Procedure — double jeopardy
2011AP2833-CR State v. Robinson
Read More »Criminal Procedure — ineffective assistance — double jeopardy
2012AP107-CR State v. Bullock
Read More »Criminal Procedure — double jeopardy – mistrials — manifest necessity
2012AP22-CR State v. Khatib
Read More »Criminal Procedure — double jeopardy — multiplicitous convictions
2011AP104-CR State v. Nicolai
Read More »Supreme Court’s Double Jeopardy ruling draws mixed reaction
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.
Read More »Criminal Procedure — double jeopardy — mistrials
2011AP2349-CR & 2011AP2854-CR State v. Thorstad
Read More »Criminal Procedure — double jeopardy
2010AP1056-CR State v. Armstrong
Read More »Supreme Court rules in Double Jeopardy case
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.
Read More »Criminal Procedure — double jeopardy
09-1265, 09-1287, 09-1376, 09-1602, 09-2093, 09-2109 U.S. v. Schiro
Read More »Criminal Procedure — double jeopardy – mistrials — manifest necessity
2011AP2659-CR State v. Rodebaugh
Read More »Justices consider Double Jeopardy without formal verdict
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?
Read More »Criminal Procedure — double jeopardy
2011AP82 State v. Wilfert
Read More »Criminal Procedure — double jeopardy
10-2337 U.S. v. Halliday
Read More »Criminal Procedure — prosecutorial vindictiveness — double jeopardy
2010AP2239-CR State v. Clayton-Jones
Read More »2010AP2179-CR State v. Linderman
Sentencing Consecutive sentences; double jeopardy
Read More »2010AP1960-CR State v. Crenshaw
Criminal Procedure Ineffective assistance; double jeopardy; postconviction discovery
Read More »2010AP653-CR State v. Boyer
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 and double jeopardy rights. We conclude the court properly modified Boyer’s sentence to correct legal errors, and affirm. This opinion ...
Read More »2010AP1463-CR State v. Waite
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 expectation of finality in the sentence initially imposed and amendment of the sentence violated Waite’s double jeopardy right, we reverse ...
Read More »2009AP1965-CR State v. Olson
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 of conviction and from the order denying his motions for postconviction relief after hearing held pursuant to State v. Machner, ...
Read More »2008AP1968-CR State v. Patterson
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. § 948.40(1), (4)(a) is more akin to other offenses spread throughout the statutes that proscribe certain conduct and impose a ...
Read More »09-2584 U.S. v. Cornelius
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 reached its conclusion that the government had not intended to cause a mistrial without holding an evidentiary hearing, relying instead ...
Read More »08-2512 & 08-2443 U.S. v. Ellis
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 possession of the second gun after he acquired it from the straw purchaser in June 2005; the important question for ...
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