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STATE v. FOSSE

No. 87-2186-CR-LV.

144 Wis.2d 700 (1988)

424 N.W.2d 725

STATE of Wisconsin, Plaintiff-Respondent, v. Michael J. FOSSE, Defendant-Petitioner.

Court of Appeals of Wisconsin.

Decided April 12, 1988.

Attorney(s) appearing for the Case

For defendant-petitioner, there were briefs by Paul M. Goetz, of Colfax.

For plaintiff-respondent there was a brief by Donald J. Hanaway, attorney general, and Daniel J. O'Brien, assistant attorney general.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

We grant Michael J. Fosse's petition to review a nonfinal order denying his motion to dismiss based on a claim of double jeopardy. Fosse contends that the trial court's mistrial order during an earlier trial on the same charges was an abuse of discretion. We conclude that further prosecution on these charges is not barred because the trial court did not abuse its discretion by ordering the mistrial.

Fosse...

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