Legal Opinion
State v. Moeck
Court of Appeals of Wisconsin
Decided February 5, 2004No. 03-0002-CRPublishedCited by 6 opinions
1Opinion of the CourtDykman, J.
¶ 1. Richard A. Moeck appeals from a judgment of conviction and an order denying postcon-viction relief. He asserts that his fourth trial constituted double jeopardy because there was no manifest necessity to order a mistrial in his third trial.1 We agree that the fourth trial violated Moeck's constitutional protection against double jeopardy and reverse.
BACKGROUND
¶ 2. This case has an extensive history. Moeck was tried four times on charges including two counts of *733sexual assault, false imprisonment, intimidating a victim, and robbery. We omit the details of these charges because they are not…
2Cases cited8 opinions
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Frazier v. CuppSupreme Court of the United States · 1969
- State v. AlbrightWisconsin Supreme Court · 1980
- Univest Corp. v. General Split Corp.Wisconsin Supreme Court · 1989
- Hoppe v. StateWisconsin Supreme Court · 1976
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. MoeckWisconsin Supreme Court · 2005
- State v. KiddCourt of Appeals of Wisconsin · 2004
- State v. MoeckWisconsin Supreme Court · 2005
- State v. MoeckWisconsin Supreme Court · 2005
- State v. MoeckCourt of Appeals of Wisconsin · 2004
1 more not listed; retrieve them via the Exa API.