State v. James P. Killian, 2020AP2012, review of a published court of appeals decision granted 1/20/23; case activity Issues presented (from state’s PFR): Has the State exposed Killian to multiple prosecutions for the same offense in violation of double-jeopardy principles? The facts here are complex, and summarized in our post on the court of appeals decision… Read more
C. Retrial after mistrial
State v. James P. Killian, 2022 WI App 43; review granted 1/20/23; reversed, 2023 WI 52; case activity (including briefs) The state provoked a mistrial in a case charging Killian with child sexual assault offenses against two complainants. The circuit court later dismissed the case due to the prosecutor’s misconduct. When the state recharged Killian… Read more
State v. Mitchell D. Green, 2021AP267-CR, petition for review of an unpublished COA opinion granted 6/22/22; reversed, 2023 WI 57 case activity (including briefs) Question presented (from the State’s PFR): Did the circuit court erroneously exercise its discretion when it concluded that there was a manifest necessity for a mistrial after Green introduced unnoticed third-party… Read more
State v. Mitchell D. Green, 2021AP267, 3/22/22, District 1 (not recommended for publication); petition for review granted, 6/22/22, reversed, 2023 WI 57 case activity (including briefs) The state charged Green with crimes including child sex trafficking. The alleged victim testified that another man had trafficked her, but that Green had driven her a particular encounter… Read more
State v. Darius Kavonta Smith, 2019AP642 & 643-CR, 8/6/19, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) During closing arguments, the DA made a sarcastic, belittling reference to public defenders who line up empty chairs to emphasize that the State neglected to call witnesses to prove guilt beyond a reasonable doubt. The… Read more
State v. Mickey L. Miller, 2017AP2323-CR, 1/29/19, District 1 (not recommended for publication); case activity (including briefs) Midway through Miller’s trial, the State discovered that two photo arrays had been conducted when both parties thought there had been just one. The State did not immediately disclose this fact. It waited until after the victim testified… Read more
State v. Anthony Alvarado, 2017 WI App 53; case activity (including briefs) In this recommended-for-publication opinion, the court of appeals tackles an issue of first impression in Wisconsin. Alvarado stood trial for second-degree sexual assault, and the jury was instructed both on that count and the lesser included offense of third-degree sexual assault. The jury… Read more
State v. Russell C. Troka, 2016 WI App 35; case activity (including briefs) Because the record does not reflect an adequate basis for a finding of manifest necessity warranting a mistrial over Troka’s objection, retrying Troka would violate his right against double jeopardy. Troka was charged with attempted homicide, strangulation or suffocation, battery and other… Read more
