On Point blog, page 1 of 1
Court of appeals addresses bail, bonds and multiplicity of bail jumping charges
State v. Kenneth J. Heinrich, 2018AP2124-CR, District 4, 1/9/19 (1-judge opinion, ineligible for publication); case activity (including briefs).
Heinrich moved to withdraw his guilty plea on the grounds that his bail-jumping charges lacked a factual basis and were multiplicitous. His motion and subsequent appeal failed.
Convictions for both bail jumping and an offense underlying the bail jumping don’t violate Double Jeopardy Clause
Demetrius M. Boyd v. Gary A. Boughton, 7th Circuit Court of Appeals No. 14-2809, 8/14/15
Boyd challenged his convictions in state court for both bail jumping and the substantive offense on which the bail jumping charges were premised, arguing that convictions for both crimes violate the Double Jeopardy Clause. That challenge having failed, he sought federal habeas relief. The Seventh Circuit holds that, in the absence of clearly established federal law holding that the substantive offense is a lesser-included offense of the bail jumping and that Boyd could not therefore be convicted of both offenses, the state courts reasonably concluded that Boyd’s convictions for both offenses doesn’t violate double jeopardy.
Counsel: Request for Substitute – Effective Assistance (Disclosure of Communications, et al.); Double Jeopardy: Bail Jumping
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 requests change of counsel,
Double Jeopardy – Multiplicity: Bail Jumping – Single Bond, Same Condition but Different Cases
State v. Dana Eaglefeathers, 2009 WI App 2, PFR filed 1/9/09
For Eaglefeathers: Patricia A. Fitzgerald
Issue/Holding: Violation of the same condition in a single bond applicable to two different cases (failure to appear at both preliminary hearings scheduled for the same time and court) supports multiple bail jumping charges:
¶8 The parties do not dispute that the offenses charged against Eaglefeathers are identical in law;
Doubke Jeopardy – Multiplicity: Bail Jumping – Single Bond, Different Conditions
State v. Daniel Anderson, 219 Wis.2d 739, 580 N.W.2d 329 (1998), reversing State v. Anderson, 214 Wis. 2d 126, 570 N.W.2d 872 (Ct. App. 1997)
For Anderson: Jack E. Schairer, SPD, Madison Appellate
Issue: Whether violating different conditions of a single bond supports multiple bail jumping counts.
Holding: Anderson, released on an otherwise unrelated case, was ordered as a condition of bail not to drink or have contact with the victim.