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F. Successive prosecutions, Sec. 939.71

State v. Alexander M. Schultz, 2019 WI App 3; 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 consider, in light… 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 Decision below: United States v. Gamble, 694 Fed Appx 750 (11th Cir. 2017) (unpublished) USSC Docket Scotusblog page (including links to briefs and commentary) The “separate sovereigns”… Read More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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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

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Esteban Martinez v. Illinois, USSC No. 13-5367 (May 27, 2014) (per curiam), reversing State v. Martinez, 990 N.E.2d 215 (Ill. 2013) In this unanimous per curiam decision, the Supreme Court reaffirms two clear rules of criminal procedure: jeopardy attaches when the jury is impaneled and sworn; and a trial court’s dismissal of the case due to insufficient… Read More

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Evans v. Michigan, USSC No. 11-1327, 2/20/13 United States Supreme Court decision, reversing People v. Evans, 491 Mich. 1, 810 N.W.2d 535 (2012) A trial judge entered a directed verdict of acquittal in favor of Evans after concluding the state had not provided sufficient evidence of a particular element of the offense. A state appellate… Read More

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State v. Trevor McKee, 2002 WI App 148, PFR filed 6/28/02 For McKee: Kenneth P. Casey, SPD, Jefferson Trial Issue/Holding: “(T)he prohibition against double jeopardy does not bar a prosecution for murder when the victim of an ‘assault and battery’ dies after a defendant has been convicted of the lesser offense. Diaz v. United States, 223 U.S. 442… Read More

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