State v Akerele-Ale

1993

Court: Wisconsin Supreme Court

Facts: Stabbed two people; hurt them badly.

Posture: Convicted of two counts each of attempted first-degree murder and injury regardless of life. Appealed, and affirmed.

Issue: Was the multiple-charge, multiple-offense prosecution in violation of double jeopardy?

Holding: Affirmed: no problem here.

Rule: Elements test (Blockburger) to distinguish between offenses. Ambuehl was exactly this same fact pattern, basically.

Reasoning: Because the elements are different (i.e., catually causing harm), the injury charge does not count as a "lesser included offense" with respect to attempted murder. Likewise, the injury crime does not include the intent to kill, which is an element of murder.

Dicta: All this convicting doesn't seem just, but that't the law. Concurring opinion praises the use of discretion to lessen sentence.