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
D. Remedy
State v. Brantner, 2020 WI 21, 2/25/20, affirming in part and reversing in part a summary order, 2018AP53; case activity (including briefs) Brantner was arrested (for reasons unrelated to this case) in Kenosha County by Fond du Lac County detectives. They took him to jail in Fond du Lac, where a booking search revealed several… Read more
State v. Daniel Wyatt Henning, 2004 WI 89, reversing 2003 WI App 54, 261 Wis. 2d. 664, 660 N.W.2d 698 For Henning: Steven D. Phillips, SPD, Madison Appellate Issue: “¶41. Thus, the critical question is this: When a jury, in a multicount trial, both convicts and acquits, and an appellate court then overturns the conviction or convictions, do… Read more
State v. Theodore J. Krawczyk, 2003 WI App 6, PFR filed 1/21/03 For Krawczyk: John T. Wasielewski Issue: Whether vacating plea-bargain based conviction and (concurrent) sentence for multiplicitous charge was adequate remedy, as opposed to reinstating the not guilty pleas. Holding: ¶34. We see no reason to disturb the remedy the trial court granted for the… Read more
State v. Jimmie Davison, 2002 WI App 109, reversed on other grounds, 2003 WI 89 For Davison: Keith A. Findley, UW Law School Issue/Holding: Remedy for a multiplicity violation is left to trial court, applying test in State v. Robinson, 2002 WI 9, ¶57, 249 Wis. 2d 553, 638 N.W.2d 564… Read more
State v. Robert S. Robinson, 2002 WI 9, on certification For Robertson: Leonard D. Kachinsky Issue/Holding: ¶2. The question of law raised on appeal is what is the appropriate remedy when an accused is convicted on the basis of a negotiated plea agreement and the counts later are determined to be multiplicitous, violating the accused’s state… Read more
State v. John P. Krueger, 224 Wis.2d 59, 588 N.W.2d 921 (1999), affirming unpublished decision For Krueger: Gary S. Cirilli Holding: The court reaffirms the holding of State v. Braunsdorf, 98 Wis.2d 569, 297 N.W.2d 808 (1980) that prior to attachment of jeopardy trial courts don’t possess the authority to dismiss a charge with prejudice except for… Read more
