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
12. Double Jeopardy, 5th Am.
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State v. Rachel W. Kelty, 2006 WI 101, reversing unpublished decision For Kelty: Michael J. Fairchild Issue/Holding: ¶2 We are asked to decide whether an otherwise satisfactory guilty plea is sufficient to relinquish a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
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. Jose M. Jaimes, 2006 WI App 93, PFR filed 5/11/06 For Jaimes: Joseph L. Sommers Issue/Holding: Retrial is ordinarily not barred when the defendant successfully requests mistrial, except where prosecutorial overreaching, comprised of the following elements, has been shown: the prosecutor’s has “ a culpable state of mind in the nature of an awareness that… Read more
State v. Jose M. Jaimes, 2006 WI App 93, PFR filed 5/11/06 For Jaimes: Joseph L. Sommers Issue/Holding: ¶11 Next, Jaimes argues that the prosecutor’s responsibility to avoid provoking a mistrial must extend to the law enforcement officers who testify at trial …. In effect, Jaimes argues that the officer’s testimony must be imputed to the… Read more
State v. Otis G. Mattox, 2006 WI App 110 For Mattox: Scott D. Obernberger Issue: Whether grant of mistrial over objection, after defense counsel was held in contempt for supposedly violating a court order with respect to questioning a witness, was manifestly necessary so as to permit retrial. Holding: ¶19 As noted, the chief concerns of… Read more
State v. Rachel W. Kelty, 2006 WI 101, reversing unpublished decision For Kelty: Michael J. Fairchild Issue/Holding: The defendant’s striking the victim “twice with two separate objects, each time committing herself to strike the baby, each blow separate, distinct, not identical in fact,” supports two separate charges of first-degree reckless injury, § 940.23(1)(a), ¶¶49-50. … Read more
