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Tag Archives: Double jeopardy

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.

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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.

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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?

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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 ...

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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 ...

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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, ...

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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 ...

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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 ...

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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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