12. Double Jeopardy, 5th Am.

State v. John Lee Schaefer, 2003 WI App 164, PFR filed 8/21/03 For Schaefer: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: Individual pornographic photos, all found on the same storage disk, support individual charges, it being “reasonable to assume that the existence of multiple files on the Zip disk demonstrates that Schaefer made a new decision to… Read more

State v. Theodore J. Krawczyk, 2003 WI App 6, PFR filed 1/21/03 For Krawczyk: John T. Wasielewski Issue/Holding: ¶29. We conclude that Krawczyk’s plea to both felony murder and the underlying armed robbery, the latter conviction having been set aside, does not provide a basis for withdrawal of his plea to felony murder. First and… 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

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: A guilty plea doesn’t waive a facially valid multiplicity claim. ¶13.The supreme court subsequently stated: “Because Davison’s multiplicity objection fails on the merits, we need not and do not decide whether, by… Read more

State v. Timothy J. Helm, 2002 WI App 154, PFR filed 6/11/02 Issue: Whether resentencing, to correct an illegal sentence, violated double jeopardy because it resulted in an increase in the original sentence. Holding: On sentence after revocation, the trial court reimposed probation on one of the counts; this was an unauthorized disposition which the trial court properly… Read more

State v. Prentiss M. McKinnie, 2002 WI App 82, PFR filed 3/14/02 For McKinnie: Bryan J. Borman, SPD, Waukesha Trial Issue: Whether separate charges, of carjacking and operating the same motor vehicle without owner’s consent are permissible where, after allegedly taking the car, the defendant continued to drive it the next day. Holding: Though these offenses are… 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: A guilty plea doesn’t waive a facially valid multiplicity claim. ¶13. The supreme court took review on this threshold issue: “First, does a criminal defendant who pleads guilty to several crimes in a negotiated… Read more