Alex Blueford v. Arkansas, USSC No. 10-1320, 5/24/12, affirming 2011 Ark. 8 Double Jeopardy doesn’t bar retrial on greater offenses, despite jury foreperson’s report of unanimous votes against those charges, after ensuing deadlock resulted in mistrial. Blueford’s primary submission is that he cannot be retried for capital and first-degree murder because the jury actually acquitted… Read more
12. Double Jeopardy, 5th Am.
State v. Levi Alexander Rodebaugh, 2011AP2659-CR, District 4, 4/5/12 court of appeals decision (1-judge, not for publication); for Rodebaugh: Bryon J. Walker; case activity Grant of mistrial was unsupported by “manifest necessity,” hence was an erroneous exercise of discretion, where the complainant failed to show for trial and couldn’t be quickly located. Retrial is therefore barred as… Read more
Docket Decision below: Blueford v. State, 2011 Ark. 8 Question Presented (from cert. pet.): Whether, if a jury deadlocks on a lesser-included offense, the Double Jeopardy Clause bars reprosecution of a greater offense after a jury announces that it has voted against guilt on the greater offense. Cert. Petition SCOTUSblog page Blueford was tried for capital murder… Read more
State v. Kelvin L. Crenshaw, 2010AP1960-CR, District 1, 8/2/11 court of appeals decision (not recommended for publication); for Crenshaw: Joseph E. Redding; case activity Counsel wasn’t ineffective with respect to: failure to argue a theory of defense unsupported by the evidence; failure to introduce medical records asserted to show police bias in conducting the investigation; failure to… Read more
State v. Charles Lamar, 2011 WI 50, affirming 2009 WI App 133; for Lamar: Donna L. Hintze, SPD, Madison Appellate; case activity Sentence Credit, Previously Imposed Sentence, § 973.04 Two concurrent sentences were initially imposed following guilty pleas to aggravated battery and misdemeanor bail jumping, both as repeater. The Agg Batt plea was withdrawn on postconviction motion… Read more
State v. Demetrius M. Boyd, 2011 WI App 25; for Boyd: Rebecca Robin Lawnicki; case activity; Boyd BiC; State Resp.; Reply Request for New Counsel An indigent defendant doesn’t have the right to counsel of choice, but does have the right to counsel with whom he or she can communicate effectively. When an indigent defendant… Read more
State v. Patrick R. Patterson, 2010 WI 130, affirming 2009 WI App 181; for Patterson: David R. Karpe; Patterson BiC; State Resp.; Reply Multiplicity – § 948.40(1) (4)(a) as Lesser Offense of § 940.02(2)(a) Contributing to the delinquency of a minor with death as a result, § 948.40(1), (4)(a) is not a lesser offense of first-degree… Read more
State v. James Stoner, III, 2009AP2963, District 2, 9/22/10 court of appeals decision (1-judge, not for publication); for Stoner: Joshua Davis Uller; BiC; Resp.; Reply “Reopen-and-amend” plea bargains, “referring to those plea bargains where the State and defendant agree that a judgment of conviction, once announced, will be amended by the State upon the happening of… Read more
