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12. Double Jeopardy, 5th Am.

State v. Andreal Washington, 2018AP1254-CR, 7/9/19, District 1 (not recommended for publication); case activity (including briefs) A jury acquitted Washington of the felony murder of Williams. Then the State charged him with 2nd degree reckless homicide. Washington moved to dismiss on double jeopardy grounds. The circuit court denied the motion, and the court of appeals… Read More

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Terance Martez Gamble v. United States, USSC No. 17-646, 2019 WL 2493923, June 17, 2019, affirming United States v. Gamble, 694 Fed. Appx. 750 (11th Cir. 2017); Scotusblog page (includes links to briefs and commentary) Gamble challenged the validity of the “dual-sovereignty” doctrine, which holds that it doesn’t violate the Fifth Amendment’s Double Jeopardy Clause to convict… Read More

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State v. Kelly James Kloss, 2018AP651-CR, petition and cross petition for review of a published court of appeals decision, both granted 6/11/19; case activity (including briefs) Issues: Is solicitation of first degree reckless injury a crime under Wisconsin law? Is solicitation of first degree recklessly endangering safety a lesser included offense of first degree reckless… Read More

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United States v. Dennis Franklin and Shane Sahm, 2019 WI 64, 6/6/19, answering a question certified by the Seventh Circuit; case activity (including briefs) For state practitioners, the most interesting thing about Franklin is that it happened at all. Certified questions to the Wisconsin Supreme Court are rare, and a certified question presented in a federal… Read More

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State v. Brantner, 2018AP53, petition for review of a summary order granted 5/14/19; case activity (including briefs) Issues: 1. Do the United States and Wisconsin Constitutional protections against double jeopardy bar the State from punishing a criminal defendant twice for violations of Wis. Stat. § 961.41(3g)(am) for possessing pills containing different doses of the same… Read More

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State v. Alexander M. Schultz, 2017AP1977-CR, petition for review granted 4/9/19; case activity (including briefs) Issues (derived from petition for review): When determining whether two offenses charged in successive prosecutions are the same in fact for purposes of the Double Jeopardy Clause, how does the court determine the scope of jeopardy when the charged timeframe… Read More

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State v. Martez C. Fennell, 2017AP2480-CR, District 1, 3/26/19 (not recommended for publication); case activity (including briefs) Fennell unsuccessfully challenges his convictions for armed robbery and operating a vehicle without the owner’s consent, arguing that the charges are multiplicitous and that trial counsel should have subpoenaed a witness who would have impeached the victim’s identification… Read More

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State v. Kelly James Kloss, 2019 WI App 13, petition and cross petition for review granted, 6/11/19; case activity (including briefs) Bad news first: Addressing an issue of first impression, the court of appeals held that Wisconsin now recognizes the crime of solicitation of 1st degree reckless injury. Good news: Solicitation of 1st degree recklessly… Read More

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