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 […]
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 [&he[...]
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 […]
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 […]
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 […]
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