Review of per curiam court of appeals decision; case activity Issue (from the Petition for Review): Were Robinson’s state and federal constitutional rights against double jeopardy violated when, after imposing a sentence and remanding her to start serving the sentence forthwith, the circuit court recalled the case the next day and increased her sentence, not… Read more
12. Double Jeopardy, 5th Am.
State v. Scott E. Ziegler, 2012 WI 73, on certification; case activity Interfering with Child Custody, § 948.31(2) – Elements Language in State v. Bowden, 2007 WI App 234, ¶18, 306 Wis. 2d 393, 742 N.W.2d 332, that one method of violating § 948.31(2) (interference with child custody) requires the parent’s “initial permission” to take child, is now “withdrawn”: ¶52 Pursuant to the plain… Read more
Question Presented Does the Double Jeopardy Clause bar retrial after the trial judge erroneously holds a particular fact to be an element of the offense and then grants a midtrial directed verdict of acquittal because the prosecution failed to prove that fact? Docket Lower court opinion (491 Mich 1, 810 NW2d 535 (2012)) Scotusblog page The QP… Read more
State v. Susan M. Thorstad, 2011AP2854-CR, District 4, 5/31/12 court of appeals decision (1-judge, not publishable); for Thorstad: Charles W. Giesen; case activity Mistrial was granted after the arresting officer, in contravention of pretrial order, testified that this was Thorstad’s second OWI. However, the officer was unaware of the order, because the prosecutor had failed… Read more
State v. Eric Archie Armstrong, District 2/1, 2010AP1056-CR, 5/30/12 court of appeals decision (not recommended for publication); for Armstrong: Ellen Henak, SPD, Milwaukee Appellate; case activity Setting restitution four years after sentencing didn’t violate double jeopardy principles, turning principally on whether Johnson “had a legitimate expectation of finality in the first judgment,” State v. Greene, 2008 WI App… Read more
Alex Blueford v. Arkansas, USSC No. 10-1320, 5/24/12, affirming 2011 Ark. 8 Double Jeopardy doesn’t bar retrial on greater offenses, despite jury foreperson’s report of unanimous votes against those charges, after ensuing deadlock resulted in mistrial. Blueford’s primary submission is that he cannot be retried for capital and first-degree murder because the jury actually acquitted… Read more
State v. Levi Alexander Rodebaugh, 2011AP2659-CR, District 4, 4/5/12 court of appeals decision (1-judge, not for publication); for Rodebaugh: Bryon J. Walker; case activity Grant of mistrial was unsupported by “manifest necessity,” hence was an erroneous exercise of discretion, where the complainant failed to show for trial and couldn’t be quickly located. Retrial is therefore barred as… Read more
Docket Decision below: Blueford v. State, 2011 Ark. 8 Question Presented (from cert. pet.): Whether, if a jury deadlocks on a lesser-included offense, the Double Jeopardy Clause bars reprosecution of a greater offense after a jury announces that it has voted against guilt on the greater offense. Cert. Petition SCOTUSblog page Blueford was tried for capital murder… Read more
