decision below: 2009 WI App 161; for Patterson: David R. Karpe Issues: Is contributing to the delinquency of a child resulting in death a lesser-included offense of first-degree reckless homicide under Wis. Stat. § 939.66(2)? Can one contribute to the delinquency of a 17-year-old individual when such individuals are no longer subject to juvenile delinquency… Read more
12. Double Jeopardy, 5th Am.
court of appeals decision, for Patterson: David R. Karpe Multiplicity – First-Degree Reckless Homicide by Delivery of Controlled Substance, § 940.02(2)(a) and Contributing to Delinquency Resulting in Death of Child, § 948.40(4)(a): Not Multiplicitous Based largely on State v. Jimmie Davison, 2003 WI 89 (multiple convictions for battery permissible so long as multiple batteries have been charged)… Read more
Consecutive sentences following partial plea withdrawal and reconviction Click here for court of appeals decision, petition for review granted 10/27/10 Defense counsel: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: After sentencing on 3 separate counts, the trial court granted Lamar’s motion to withdraw his guilty pleas to 2 of the counts. He continued to serve… Read more
State v. Patrick R. Patterson, 2009 WI App 161 For Patterson: David R. Karpe Issue/Holding: Based largely on State v. Jimmie Davison, 2003 WI 89 (multiple convictions for battery permissible so long as multiple batteries have been charged), the court holds that § 939.66(2) permits conviction for both §§ 940.02(2)(a) and 948.04(4)(a), ¶¶1-21. The offenses are not… Read more
State v. Charles Lamar, 2009 WI App 133, PFR filed 9/10/09 For Lamar: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: No presumption of vindictiveness applied to resentencing by a different judge upon guilty pleas re-entered after the original trial court granted Lamar’s postconviction motion to withdraw the initial guilty pleas. ¶17 In Naydihor, our supreme court found that… Read more
State v. Dana Eaglefeathers, 2009 WI App 2, PFR filed 1/9/09 For Eaglefeathers: Patricia A. Fitzgerald Issue/Holding: Violation of the same condition in a single bond applicable to two different cases (failure to appear at both preliminary hearings scheduled for the same time and court) supports multiple bail jumping charges: ¶8 The parties do not dispute that… Read more
State v. Thomas A. Nommensen, 2007 WI App 224 For Nommensen: Anthony L. O’Malley Issue/Holding: Although charges of repeated sexual assault, § 948.025(1) were the same in law, they were different in fact because they : ¶8 Charged offenses are not multiplicitous if the facts are either separate in time or of a significantly different… Read more
State v. Rachel W. Kelty, 2006 WI 101, reversing unpublished decision For Kelty: Michael J. Fairchild Issue/Holding: ¶2 We are asked to decide whether an otherwise satisfactory guilty plea is sufficient to relinquish a double jeopardy/multiplicity challenge upon direct appeal. We conclude that a guilty plea relinquishes the right to assert a multiplicity… Read more
