State v. Jesse H. Swinson, 2003 WI App 45, PFR filed 3/24/03 For Swinson: Pamela Pepper Issue/Holding: Greater statutory double jeopardy protection afforded drug prosecution under § 961.45 than non-drug prosecution under § 939.71 doesn’t violate equal protection: ¶55. We note that while Wis. Stat. § 939.71 adheres to the dual sovereignty doctrine, Wis. Stat. § 961.45 does not. We… Read more
Published 2003
State v. Gary M.B., 2003 WI App 72, affirmed on other grounds, 2004 WI 33 For Gary M.B.: T. Christopher Kelly Issue/Holding: A court of appeals holding in a case reversed by the supreme court on other grounds, so that this holding was neither “overruled, withdrawn, or modified,” continues to bind the court of appeals. ¶13. The court… Read more
State v. Frederick Robertson, 2003 WI App 84 For Robertson: Jefren Olsen, SPD, Madison Appellate Issue/Holding: Where principal issue concerned the complainant’s credibility, indication first revealed after conviction that she had been treated for depression with psychotic features around the time of the incident required in camera inspection to determine whether her mental health records… Read more