On Point: A. Multiplicity

State v. William J. Church, 2000 WI 90, 223 Wis. 2d 641, 589 N.W.2d 638, dismissing review as improvidently granted, thereby affirming State v. Church , 223 Wis. 2d 641, 589 N.W.2d 638 (Ct. App. 1998)
For Church: James L. Fullin, SPD, Madison Appellate

Issue: Whether the child enticement statute, § 948.07, supports multiple charges and punishments based on a single act.

State v. David J. Cleveland, 2000 WI App 142, 237 Wis. 2d 558, 614 N.W.2d 543
For Cleveland: Suzanne L. Hagopian, SPD, Madison Appellate

Issue: Whether multiple sexual assault counts arising during a single incident violated double jeopardy.

Holding: Though the offenses weren’t separated in time, each required separate volitional acts and were therefore significantly different in nature for double jeopardy purposes. ¶¶24-26.

State v. Gabriel Derango, 2000 WI 89, 236 Wis. 2d 721, 613 N.W.2d 833, affirming State v. DeRango 229 Wis. 2d 1, 599 N.W.2d 27
For Derango: Robert G. LeBell

Issue: Whether conviction for both attempted child sexual exploitation and child enticement as a result of a single act is multiplicitous.

Holding: The two offenses are elementally distinct and therefore aren’t the “same”

State v. Jamerrel Everett, 231 Wis.2d 616, 605 N.W.2d 633 (Ct. App. 1999)
For Everett: Timothy T. Kay; Michael Patrick Cotter

Issue: Whether the prosecution constituted double jeopardy because the defendant had been disciplined for the same conduct by the juvenile institution.

Holding: Although prison discipline may carry punitive aspects, its principal purposes are institutional order and rehabilitation, State v. Fonder, 162 Wis.

State v. Roger L. Warren, 229 Wis. 2d 172, 599 N.W.2d 431 (Ct. App. 1999)
For Warren: Daniel F. Snyder

Holding: Warren’s perjured testimony at a single hearing dealing with a single general subject supports multiple perjury counts, because each charge dealt with different perjured details and is therefore “different in fact” if not law. In other words, “different evidence is required to establish that Warren responded falsely to the questions upon which”

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.