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12. Double Jeopardy, 5th Am.

State v. Alexander M. Schultz, 2017AP1977-CR, District 3, 12/11/18 (recommended for publication); case activity (including briefs) Addressing an issue of first impression in Wisconsin, the court of appeals holds that to ascertain the scope of the double jeopardy bar against a successive prosecution when the charging language of the prior case is ambiguous, a court must… Read More

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Terance Martez Gamble v. United States, USSC No. 17-646, certiorari granted 6/28/18 Question presented: Whether the Court should overrule the “separate sovereigns” exception to the Double Jeopardy Clause. Decision below: United States v. Gamble, 694 Fed Appx 750 (11th Cir. 2017) (unpublished) USSC Docket Scotusblog page (including links to briefs and commentary) The “separate sovereigns”… Read More

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Currier v. Virginia, USSC No. 16-1348, 2018 WL 3073763, June 22, 2018, affirming State v. Currier, 779 S.E.2d 834 (Va. App. 2015), reasoning adopted by 798 S.E.2d 164 (Va. 2016); Scotusblog page (includes links to briefs and commentary) A defendant who agrees to have overlapping charges considered in two separate trials cannot invoke the doctrine of issue preclusion adopted in Ashe… Read More

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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

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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

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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

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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

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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

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