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
12. Double Jeopardy, 5th Am.
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. Ary L. Jones, 2002 WI App 208 For Jones: Arthur B. Nathan Issue/Holding: ¶14. The rule we adopt in Wisconsin, therefore, is that when a defendant makes a fraudulent representation to the sentencing court and the court accepts and relies upon that representation in determining the length of the sentence, the defendant has no… Read more
State v. Trevor McKee, 2002 WI App 148, PFR filed 6/28/02 For McKee: Kenneth P. Casey, SPD, Jefferson Trial Issue/Holding: “(T)he prohibition against double jeopardy does not bar a prosecution for murder when the victim of an ‘assault and battery’ dies after a defendant has been convicted of the lesser offense. Diaz v. United States, 223 U.S. 442… Read more
State v. James E. Multaler, 2002 WI 35, affirming 2001 WI App 14, 246 Wis. 2d 752, 632 N.W.2d 89 For Multaler: Jeffrey W. Jensen Issue/Holding: ¶58. Applying these standards, we agree with the court of appeals that the 28 counts to which Multaler pled were not identical in fact. Although some of the downloaded image files… Read more
State v. Glover B. Jones, 2002 WI App 196, PFR filed 8/22/02 For Jones: Mark D. Richards Issue/Holding: The drug tax stamp law, §§ 139.87-139.96, amended to address State v. Hall, 207 Wis. 2d 54, 557 N.W.2d 778 (1997), doesn’t violate the privilege against compelled self-incrimination, ¶33-36. Issue/Holding: The drug tax stamp law, §§ 139.87-139.96, doesn’t violate double jeopardy. Possession with intent to deliver is not a… Read more
State v. Peter G. Tkacz, 2002 WI App 281, PFR filed 11/14/02 For Tkacz: Mark S. Rosen Issue/Holding: Even assuming that the law of vindictive prosecution (presumption of vindictiveness attaches to less favorable prosecutorial action following successful appeal) applies to failure to re-offer same plea bargain following reversal of conviction, the facts would not support vindictiveness. The… Read more
State v. Michael A. Sveum, 2002 WI App 105, PFR filed 5/10/02 For Sveum: Ian A.J. Pit Issue/Holding: Violation of harassment injunction isn’t lesser offense of harassment, each requiring proof of distinct element. ¶¶23-28. (Court stressing, in particular, that for harassment defendant need only be “subject” to injunction but not actually violate it. ¶25.)… Read more
