CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, November 2, 2005

WI: Double Jeopardy Case

The U.S. Supreme Court denied cert. of a Wisconsin Supreme Court decision affirming a double-jeopardy reversal of a man tried four times for the same crime.  He was convicted 3 out of the 4 times, but the 3d trial ended in a mistrial without, according to the Wisconsin Court of Appelas and Supreme Court, manifest necessity. The Court of Appeals had rejected the double jeopardy claim twice before accepting it a third time; the prosecution argued law of the case, which might make sense in an argument to the Court of Appeals, but it seems wrong to argue law of the case in the Supreme Court, which had never addressed the issue. Obviously, no Supreme Court is bound by a prior legal determiantion of a lower court.  Story here. [Jack Chin]

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