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m. Sexual assault

State v. Thomas A. Nommensen, 2007 WI App 224 For Nommensen: Anthony L. O’Malley Issue/Holding: Although charges of repeated sexual assault, § 948.025(1) were the same in law, they were different in fact because they : ¶8        Charged offenses are not multiplicitous if the facts are either separate in time or of a significantly different… Read More

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State v. Kevin S. Meehan, 2001 WI App 119 For Meehan: Pamela Moorshead, Buting & Williams Issue: Whether charges of completed and attempted sexual assault of the same victim were multiplicitous. Holding: ¶34. The nature of the two acts was different because the attempted sexual assault was foiled by the victim’s resistance. There was some… Read More

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State v. William Koller, 2001 WI App 253, PFR filed For Koller: Peter M. Koneazny, SPD, Milwaukee Appellate Issue: Whether distinct types of sexual assault (mouth-vagina and penis-vagina) necessarily support distinct counts. Holding: ¶59     There is another reason Koller’s second multiplicity challenge fails.  This second claim is directed primarily at the relationship between Count 4… Read More

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State v. David J. Cleveland, 2000 WI App 142, 237 Wis. 2d 558, 614 N.W.2d 543 For Cleveland: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether multiple sexual assault counts arising during a single incident violated double jeopardy. Holding: Though the offenses weren’t separated in time, each required separate volitional acts and were therefore significantly… Read More

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