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2. Duplicity

COA denies Bangert plea withdrawal

State v. Victoria L. Conley, 2019AP902, 9/10/20, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Conley pleaded to one count of disorderly conduct related to a couple of altercations occurring over a few minutes in Madison. After sentencing she moved to withdraw her plea alleging that the court failed to apprise her… Read More

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State v. Autumn Marie Love Lopez & State v. Amy J. Rodriguez, 2019 WI 101, 11/27/19, affirming a published court of appeals decision; case activity (including briefs) This appeal asked whether the State may charge multiple acts of misdemeanor retail theft under §943.50  as one felony under §971.36(3)(a).  The justices split 3-2-2. Five of them answered “yes,”… Read More

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State v. Autumn Marie Love Lopez & Amy J. Rodriguez, 2017AP913-CR & 2017AP914-CR, petition for review granted 4/9/19; case activity (including briefs) Issue: Does either Wis. Stat. § 971.36 or inherent prosecutorial charging discretion allow a prosecutor to charge a single felony count of retail theft for multiple separate acts of theft, each involving less than… Read More

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State v. Autumn Marie Love Lopez & Amy J. Rodriguez, 2019 WI App 2, petition for review granted 4/9/19, affirmed by a divided court, 2019 WI 101; Lopez case activity; Rodriquez case activity). Lopez and Rodriguez were each charged with a single count being party to the crime of felony retail theft of more than $500 but less than $5,000 based… Read More

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State v. Tina M. Jacobsen, 2014 WI App 13; case activity Jacobsen was charged with 8 offenses for stealing $500,000 from her employer, and she was convicted on 3 counts.  The charges were based on 289 individual thefts occurring over 3 years.  On appeal she claimed her trial lawyer was ineffective for failing advise her… Read More

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State v. David J. Galarowicz, 2012AP933-CR, District 3, 12/11/12 court of appeals decision (1 judge; not eligible for publication); case activity Galarowicz was not denied his right to a unanimous jury verdict on one count of disorderly conduct where the evidence showed an incident of disorderly conduct with the victim in the residence and additional conduct… Read More

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Charge Duplicity – Juror Unanimity

State v. Darryl P. Benson, 2010AP2455-CR, District 1, 5/8/12 court of appeals decision (not recommended for publication); for Benson: Mary Scholle, SPD, Milwaukee Appellate; case activity   Sexual assault charges were not duplicitous, and in any event, potential unanimity problem was resolved by the instructions: ¶17      To begin, we conclude that the amended information properly notified… Read More

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