12. Double Jeopardy, 5th Am.

Currier v. Virginia, USSC No. 16-1348, certiorari granted 10/16/17 Question presented: Whether a defendant who consents to severance of multiple charges into sequential trials loses his right under the double jeopardy clause to the issue-preclusive effect of an acquittal. Lower court decision: State v. Currier, 779 S.E.2d 834 (Va. App. 2015), reasoning adopted by 292 Va. 737 (Va… Read more

State v. Anthony Alvarado, 2017 WI App 53; case activity (including briefs) In this recommended-for-publication opinion, the court of appeals tackles an issue of first impression in Wisconsin. Alvarado stood trial for second-degree sexual assault, and the jury was instructed both on that count and the lesser included offense of third-degree sexual assault. The jury… Read more

State v. Heather L. Steinhardt, 2017 WI 62, 6/21/17, affirming a per curiam court of appeals opinion; case activity (including briefs) Steinhardt led her 12 year old daughter to her bedroom so that her husband (the child’s step father) could have sex with her. In fact, Steinhardt sat on the bed while the assault occurred. The… Read more

State v. Sambath Pal, 2017 WI 44, 4/28/17, affirming a court of appeals summary disposition, 2015AP1782-CR; case activity (including briefs) Driver crashes into group of motorcyclists, kills one, mortally injures a second, flees the scene, and eventually pleads guilty to 2 counts of hit and run resulting in death contrary to §346.67(1). He’s sentenced to… Read more

State v. George W. Mallum, III, 2016AP765-CR, District 1, 12/13/16 (one-judge decision; ineligible for publication); case activity (including briefs) Mallum was convicted of two counts of disorderly conduct arising out of a single incident, but because the charges were not identical in fact the convictions are not multiplicitous. Charges are multiplicitous if they are identical… Read more

Review of a court of appeals summary disposition; case activity (including briefs); petition for review Issues (composed by On Point) (1)  Could the defendant be convicted of two counts of hit and run with death resulting for a single act of leaving the scene of an accident that caused two deaths? (2) Is the defendant’s sentence… Read more

Review of an unpublished per curiam court of appeals decision; case activity (including briefs); petition for review Issues (composed by On Point) (1)  Was Steinhardt’s right to be free from double jeopardy violated when she was convicted of both party to the crime of First Degree Child Sexual Assault in violation of § 948.02(1)(e) and Failure… Read more