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F. Successive prosecutions, Sec. 939.71

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


State v. Prokopios G. Vassos, 218 Wis.2d 330, 579 N.W.2d 35 (1998), on certification For Vassos: Edmund C. Carns Holding: Successive prosecution for misdemeanor battery (§ 940.19(1)), following acquittal of felony battery (§ 940.19(3)) arising from same incident, wasn’t barred by double jeopardy. Successive prosecutions are barred under § 939.71 when the subsequent charge is the “same” offense under… Read More