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Guilty Plea Waiver Rule: Double Jeopardy Issue

State v. Jimmie Davison, 2002 WI App 109, reversed on other grounds, 2003 WI 89
For Davison: Keith A. Findley, UW Law School

Issue/Holding: A guilty plea doesn’t waive a facially valid multiplicity claim. ¶13.The supreme court subsequently stated: “Because Davison’s multiplicity objection fails on the merits, we need not and do not decide whether, by pleading guilty, he waived his right to raise this claim,” ¶111. However, the supreme court did not withdraw or overrule the court of appeals’ language quoted above, which should therefore remain binding.

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