Demetrius M. Boyd v. Gary A. Boughton, 7th Circuit Court of Appeals No. 14-2809, 8/14/15 Boyd challenged his convictions in state court for both bail jumping and the substantive offense on which the bail jumping charges were premised, arguing that convictions for both crimes violate the Double Jeopardy Clause. That challenge having failed, he sought… Read more
1. Generally
State v. Ronnie L. Thums, 2012AP929-CR, District 4, 7/25/13; court of appeals decision (not recommended for publication); case activity Sufficiency of evidence of conspiracy Thums was charged with offering money to Trepanier, a fellow prison inmate, to kill Thums’s ex-wife and others associated with her. (¶2). In response to Trepanier’s questions about how he’d be paid… Read more
State v. Michael Lock, 2013 WI App 80; case activity Multiplicity — conviction for conspiracy and for completed crime under § 939.72(2) Lock was convicted of conspiracy to solicit prostitutes and conspiracy to pander between 1998 and 2003. Based on conduct in four specific months in 2002, he was also convicted of four counts of soliciting prostitutes… Read more
State v. James A. Krahn, 2012AP1898-CR, District 2, 1/30/13; court of appeals decision (1-judge, ineligible for publication); case activity Motion to dismiss second-offense OWI charge was properly denied, where the charge resulted from the state’s successful motion to reopen a conviction for a first offense that had been entered a few weeks after a conviction… Read more
State v. Alvin M. Moore, 2006 WI App 61, PFR filed 3/21/06 For Moore: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: ¶15 Charges are multiplicitous if they charge a single criminal offense in more than one count. State v. Grayson, 172 Wis. 2d 156, 159, 493 N.W.2d 23 (1992). Claims of multiplicity are analyzed using a two-prong test… Read more
State v. Jimmie Davison, 2003 WI 89, reversing 2002 WI App 109, 235 Wis. 2d 715, 647 N.W.2d 390 For Davison: Keith A. Findley, UW Law School, Criminal Appeals Project Issue/Holding: ¶32. In sum, we conclude that the imposition of cumulative punishments from different statutes in a single prosecution for “the same offense” violates double jeopardy when… Read more
State v. Robert S. Robinson, 2002 WI 9, on certification For Robinson: 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… Read more
