Follow Us

Facebooktwitterrss
≡ Menu

12. Double Jeopardy, 5th Am.

State v. Jack B. Gramza, 2020 WI App 81; case activity (including briefs) If an inmate serving the initial confinement (IC) portion of a bifurcated sentence completes the Substance Abuse Program (SAP), § 302.05(3)(c)2. mandates that the sentencing court “shall” modify the inmate’s sentence by converting the remaining period of IC to extended supervision (ES)… Read more

{ 1 comment }

If you’re waiting for a decision on whether solicitation of 1st degree reckless injury is a crime in Wisconsin and on whether solicitation of 1st degree recklessly endangering safety is a lesser included offense of 1st degree reckless injury, STOP! SCOW just dismissed the case raising these issues–State v. Kelly James Kloss–as improvidently granted. SCOW’s… Read more

{ 0 comments }

State v. Alexander M. Schultz, 2020 WI 24, affirming a published court of appeals opinion; 3/4/20; case activity (including briefs) In a 4-3 decision, SCOW holds that the State may assert a vague charging period (i.e “late summer to early fall”) for repeated child sexual assault, but then constructively narrow the charging period after trial… Read more

{ 0 comments }

State v. Brantner, 2020 WI 21, 2/25/20, affirming in part and reversing in part a summary order, 2018AP53; case activity (including briefs) Brantner was arrested (for reasons unrelated to this case) in Kenosha County by Fond du Lac County detectives. They took him to jail in Fond du Lac, where a booking search revealed several… Read more

{ 0 comments }

State v. Kenneth J. Heinrich, 2018AP2124-CR, District 4, 1/9/19 (1-judge opinion, ineligible for publication); case activity (including briefs). Heinrich moved to withdraw his guilty plea on the grounds that his bail-jumping charges lacked a factual basis and were multiplicitous. His motion and subsequent appeal failed. In a prior criminal case, the circuit court issued a… Read more

{ 0 comments }

State v. Kody K. Johnson, 2019AP1058-CR, District 4, 1/9/19, (1-judge opinion, ineligible for publication); case activity (including briefs) Johnson accepted a negotiated disposition of 3 contempt charges stemming from his interference with child custody. He then moved to withdraw his plea arguing that the charges had no factual basis and were multiplicitous. At the plea… Read more

{ 0 comments }

The 5th Amendment is an invincible shield against takings claims but not against self-incrimination and double jeopardy claims.  And, of course, the justices political leanings influence their positions. Click SCOWstats for the justice-by-justice analysis… Read more

{ 0 comments }

State v. Darius Kavonta Smith, 2019AP642 & 643-CR, 8/6/19, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) During closing arguments, the DA made a sarcastic, belittling reference to public defenders who line up empty chairs to emphasize that the State neglected to call witnesses to prove guilt beyond a reasonable doubt. The… Read more

{ 1 comment }