Double Jeopardy.

Byline: Derek Hawkins

WI Court of Appeals District I

Case Name: State of Wisconsin v. Darius Kavonta Smith

Case No.: 2019AP642-CR; 2019AP643-CR

Officials: BRASH, P.J.

Focus: Double Jeopardy

Darius Kavonta Smith appeals from nonfinal orders of the trial court denying his motion to bar a retrial of the charges against him on the ground that it would violate double jeopardy. A trial on those charges disorderly conduct as an act of domestic abuse and misdemeanor bail jumping was held in August 2018. It resulted in a mistrial after the court determined that statements made by the State during closing arguments were improper and prejudicial to Smith: the State commented on witnesses that had not been called by Smith, which could have been construed by the jury as shifting the burden of proof to Smith; the State also made reference to the fact that Smith's counsel was a public defender, which could have had a prejudicial effect on Smith if the jury had a negative view of public representation.

In his motion to bar a...