STATE v. NAYDIHOR

Nos. 91-0945-CR, 91-1020-CR, 91-1673-CR.

168 Wis.2d 144 (1992)

483 N.W.2d 253

STATE of Wisconsin, Plaintiff-Appellant, v. Timothy P. NAYDIHOR, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. Gregory J. PETERSON, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Respondent, v. Leroy CARR, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 11, 1992.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Robert J. Jambois, district attorney, and Glenn J. Blise, assistant district attorney.

On behalf of the defendant-appellant, the cause was submitted on the briefs of Donald J. Bielski, assistant state public defender, of Kenosha.

On behalf of the defendants-respondents, the cause was submitted on the briefs of Steven D. Phillips, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Robert J. Jambois, district attorney, and Glenn J. Blise, assistant district attorney.

On behalf of the State of Wisconsin, an amicus curiae brief was filed by James E. Doyle, attorney general, and Maureen McGlynn Flanagan, assistant attorney general.

Before Brown, Anderson and Snyder, JJ.


SNYDER, J.

This is a consolidation of three cases, each presenting the identical issue: whether an adjudication of guilt on a civil traffic offense penalized solely by a forfeiture erects a double jeopardy bar to a subsequent criminal prosecution based on the same conduct supporting the civil action.1 Each of the defendants argues that Grady v. Corbin, 495 U.S. 508

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