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

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.

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

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.

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.

2012AP113 State v. Poirier

2011AP2833-CR State v. Robinson

2012AP107-CR State v. Bullock

2012AP22-CR State v. Khatib

2011AP104-CR State v. Nicolai

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.

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

2010AP1056-CR State v. Armstrong

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.

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

2011AP2659-CR State v. Rodebaugh

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?

2011AP82 State v. Wilfert

10-2337 U.S. v. Halliday

2010AP2239-CR State v. Clayton-Jones

Sentencing Consecutive sentences; double jeopardy

Criminal Procedure Ineffective assistance; double jeopardy; postconviction discovery

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 ...

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 ...

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, ...

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 ...

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 ...

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 ...