5th Amendment Violation Double Jeopardy.

Byline: Derek Hawkins

WI Court of Appeals District III

Case Name: State of Wisconsin v. Alexander M. Schultz

Case No.: 2017AP1977-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: 5th Amendment Violation Double Jeopardy

He also appeals an order denying postconviction relief. The issue on appeal is whether the State's prosecution of Schultz for sexually assaulting a child "on or about October 19, 2012" violated Schultz's constitutional right to be free from double jeopardy because he was previously prosecuted for, and acquitted of, the repeated sexual assault of the same child "in the late summer to early fall of 2012."

To resolve this issue, we must determine the proper test to ascertain the scope of jeopardy when it is unclear whether successive prosecutions are the same in fact. Schultz argues that we should look to a reasonable person's understanding of the scope of jeopardy at the time jeopardy attached in the first prosecution, and disregard all proceedings after that time. The State responds that we should look to how a reasonable person would understand the scope of jeopardy in light of the entire record in the first prosecution, including the trial.

We agree with the State and conclude...