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STATE v. HARP

No. 2004AP3240-CR.

288 Wis.2d 441 (2005)

2005 WI App 250

707 N.W.2d 304

STATE of Wisconsin, Plaintiff-Respondent, v. Barbara E. HARP, Defendant-Petitioner.

Court of Appeals of Wisconsin.

Decided October 27, 2005.

Attorney(s) appearing for the Case

On behalf of the defendant-petitioner, the cause was submitted on the briefs of Aaron N. Halstead, Kathleen M. Lounsbury, and Danielle L. Carne, of Shneidman, Hawks & Ehlke, S.C., Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Peggy A. Lautenschlager, attorney general, and Michael C. Sanders, assistant attorney general.

Before Dykman, Vergeront and Higginbotham, JJ.

¶ 1. DYKMAN, J.

Barbara Harp appeals from a nonfinal order of the circuit court declaring a mistrial in a felony case involving two counts of intentionally abusing a patient at a health care facility under WIS. STAT. § 940.295(3)(a)1. and (b)2. (2003-04),1 and denying a motion to dismiss the charges on double jeopardy grounds. The circuit court granted the State's motion for a mistrial...

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