State v. Russell C. Troka, 2016 WI App 35; case activity (including briefs) Because the record does not reflect an adequate basis for a finding of manifest necessity warranting a mistrial over Troka’s objection, retrying Troka would violate his right against double jeopardy. Troka was charged with attempted homicide, strangulation or suffocation, battery and other… Read more
12. Double Jeopardy, 5th Am.
Question presented: Whether, under Ashe v. Swenson, 397 U.S. 436 (1970), and Yeager v. United States, 557 U.S. 110 (2009), a vacated, unconstitutional conviction can cancel out the preclusive effect of an acquittal under the collateral estoppel prong of the Double Jeopardy Clause? Lower court opinion: U.S. v. Juan Bravo-Fernandez, 790 F.3d 41 (1st Cir. 2015)… Read more
State v. Jama I. Jama, 2014AP2432-CR, District 4, 2/25/16 (not recommended for publication); case activity (including briefs) Jama was convicted of both second degree sexual assault of a person too intoxicated to give consent, § 940.225(2)(cm), and third degree sexual assault (sexual intercourse or contact without consent), § 940.225(3), for the same act. The court of… Read more
State v. Trista J. Ziehr, 2015AP994-CR, 1/13/16, District 2 (one-judge opinion, ineligible for publication); case activity, including briefs There isn’t much case law on Wisconsin’s “mandatory reporter” requirement, and this opinion makes no attempt to fill the gaps. Ziehr ran a daycare center and thus had a mandatory duty to report child abuse to the proper… Read more
Demetrius M. Boyd v. Gary A. Boughton, 7th Circuit Court of Appeals No. 14-2809, 8/14/15 Boyd challenged his convictions in state court for both bail jumping and the substantive offense on which the bail jumping charges were premised, arguing that convictions for both crimes violate the Double Jeopardy Clause. That challenge having failed, he sought… Read more
State v. Brian S. Kempainen, 2015 WI 32, 3/19/15, affirming a published court of appeals decision; opinion by Justice Gableman; case activity (including briefs) The supreme court unanimously holds that when determining whether the accusations in a criminal complaint are specific enough to give a defendant fair notice of the charges and an opportunity to defend against them… Read more
On review of a published court of appeals decision in Kempainen (case activity) and a per curiam decision in Hurley (case activity) Issues (adapted from the State’s PFR in Hurley): Did the amended complaint charging repeated sexual assault of a child, which alleged that Hurley assaulted his stepdaughter at least 26 times over a five or six-year charging… Read more
State v. Jacqueline Robinson, 2014 WI 35, affirming an unpublished court of appeals decision; case activity From the majority opinion, this looks like an open and shut case. When sentencing Robinson, the trial judge said he misunderstood the sentence she had received in another matter. One day later, he recalled the case and increased the… Read more
