12. Double Jeopardy, 5th Am.

State v. Kevin S. Meehan, 2001 WI App 119 For Meehan: Pamela Moorshead, Buting & Williams Issue: Whether charges of completed and attempted sexual assault of the same victim were multiplicitous. Holding: ¶34. The nature of the two acts was different because the attempted sexual assault was foiled by the victim’s resistance. There was some… Read more

State v. William Koller, 2001 WI App 253, PFR filed For Koller: Peter M. Koneazny, SPD, Milwaukee Appellate Issue: Whether distinct types of sexual assault (mouth-vagina and penis-vagina) necessarily support distinct counts. Holding: ¶59     There is another reason Koller’s second multiplicity challenge fails.  This second claim is directed primarily at the relationship between Count 4… Read more

State v. William J. Church, 2000 WI 90, 223 Wis. 2d 641, 589 N.W.2d 638, dismissing review as improvidently granted, thereby affirming State v. Church , 223 Wis. 2d 641, 589 N.W.2d 638 (Ct. App. 1998) For Church: James L. Fullin, SPD, Madison Appellate Issue: Whether the child enticement statute, § 948.07, supports multiple charges and punishments based… Read more

State v. David J. Cleveland, 2000 WI App 142, 237 Wis. 2d 558, 614 N.W.2d 543 For Cleveland: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether multiple sexual assault counts arising during a single incident violated double jeopardy. Holding: Though the offenses weren’t separated in time, each required separate volitional acts and were therefore significantly… Read more

State v. Gabriel Derango, 2000 WI 89, 236 Wis. 2d 721, 613 N.W.2d 833, affirming State v. DeRango 229 Wis. 2d 1, 599 N.W.2d 27 For Derango: Robert G. LeBell Issue: Whether conviction for both attempted child sexual exploitation and child enticement as a result of a single act is multiplicitous. Holding: The two offenses are elementally distinct… Read more

State v. Rovaugn Hill, 2000 WI App 259, 240 Wis.2d 1, 622 N.W.2d 34 For Hill: Gerald P. Boyle Issue: Whether reprosecution should be barred on double jeopardy grounds, because prosecutorial overreaching had caused a mistrial. Holding: “[D]ouble jeopardy bars a retrial when the defendant has successfully moved for a mistrial, if the prosecutor acted… Read more

State v. Hayes Johnson, 2000 WI 12, 232 Wis. 2d 679, 605 N.W.2d 846, reversing State v. Johnson, 223 Wis. 2d 85, 588 N.W.2d 330 For Johnson: Russell D. Bohach Issue1: Whether a presumption of prosecutorial vindictiveness arises from an increase in the charge following grant of mistrial due to hung jury. Holding: No presumption of prosecutorial… Read more