Court: |
Wisconsin trial court |
|
Facts: |
Rabe went driving drunk, and four people got killed. Two of his passengers, and
two in the vehicle he hit. |
|
Posture: |
There have been lots of motions, including one to consolidate the four counts
of "homicide by intoxicated use of a vehicle" into one. |
|
Issue: |
Multiple counts are not forseeable, and multiple punishment has no utility,
so is this a bad rule? |
|
Holding: |
It is the rule no matter what Rabe wishes. Denied. |
|
Rule: |
Legislative intent governs whether multiple counts make sense. |
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Reasoning: |
Clearly the law was written to allow multiple convictions in such a case. |
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Dicta: |
Discretion (prosecutorial and judicial) will prevent undue punishment. |