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STATE v. HILL

No. 00-0256-CR.

240 Wis.2d 1 (2000)

2000 WI App 259

622 N.W.2d 34

STATE of Wisconsin, Plaintiff-Respondent, v. Rovaughn HILL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 26, 2000.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Gerald P. Boyle and Jonathan C. Smith of Boyle, Boyle & Smith, S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and James M. Freimuth, assistant attorney general.

Before Dykman, P.J., Vergeront and Roggensack, JJ.

¶ 1. VERGERONT, J.

Rovaughn Hill appeals the trial court's order denying his motion to dismiss the criminal complaint on double jeopardy grounds.1 Hill contends the double jeopardy clause forbids reprosecution after the court declared a mistrial, because, although Hill requested the mistrial, his request was induced by the prosecutor's overreaching. We conclude the trial court's finding that the prosecutor did not intend to provoke...

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