Wisconsin Statutes
Wis. Stat. § 972.07 (2026)
Jeopardy
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
972.07 AnnotationThe federal rule that jeopardy attaches when the jury is sworn is an integral part of the guarantee against double jeopardy. Crist v. Bretz, 437 U.S. 28, 98 S. Ct. 2156, 57 L. Ed. 2d 24 (1978).
972.07 NoteNOTE: See also the notes to article I, section 8, of the Wisconsin Constitution.
Notes of Decisions
Cited in 23
cases (2 in the last 5 years), 1980–2023 · leading case: State v. Comstock, 485 N.W.2d 354 (Wis. 1992).
State v. Comstock, 485 N.W.2d 354 (Wis. 1992). “Thus sec. 972.07, Stats. 1989-90, provides that jeopardy attaches (1) when a witness is sworn in a trial to the court without a jury, and (2) when the selection of the jury has been completed and the jury sworn in a jury trial.”
State v. Demone Alexander, 2013 WI 70 (Wis. 2013). “These definitions vary slightly, but both clearly comport with the common understanding of the meaning of a trial.”
State v. Jenich, 288 N.W.2d 114 (Wis. 1980). “Sec. 972.07, Stats.; [11] Crist v. Bretz, 437 U.”
State v. Miller, 541 N.W.2d 153 (Wis. Ct. App. 1995). “2 Section 972.07, Stats., states: Jeopardy attaches: (1) In a trial to the court without a jury when a witness is sworn; (2) In a jury trial when the selection of the jury has been completed and the jury sworn.”
State v. Comstock, 471 N.W.2d 596 (Wis. Ct. App. 1991). “Section 972.07(1), Stats. In a jury trial, jeopardy attaches when the jury is selected and sworn.”
State v. Barthels, 480 N.W.2d 814 (Wis. Ct. App. 1992). “Finally, the court concluded that" [t]o dismiss this action because of the doctor's failure to appear, *883 without the complicity of the State, would clearly defeat the ends of justice.”
State v. Reid, 479 N.W.2d 572 (Wis. Ct. App. 1991). “Section 972.07(2), Stats. Under the federal and state constitutions a defendant may not be twice put in jeopardy for the same offense.”
State v. Kurzawa, 496 N.W.2d 695 (Wis. Ct. App. 1993). “Section 972.07(2), Stats. In that trial, the state sought to establish the element of "false representation" ( see sec.”
State v. Gonzalez, 493 N.W.2d 410 (Wis. Ct. App. 1992). “Gilmer merely holds that jeopardy attaches when the jury is sworn, a principle that has been codified in sec. 972.07(2), Stats. Neither Gilmer nor any other Wisconsin case addresses the question of when a jury trial begins.”
State v. Schultz, 922 N.W.2d 866 (Wis. Ct. App. 2018). “" Wis. Stat. § 972.07 (2). Although not at issue in this appeal, we note that a defendant facing an ambiguous charged timeframe has an existing remedy under Wisconsin law.”
State v. Fosse, 424 N.W.2d 725 (Wis. Ct. App. 1988). “The trial court denied the motion because the mistrial was the result of the original defense counsel’s misconduct and because granting the mistrial was necessary for the reasons set forth in the record of those proceedings.”
State v. Collier, 584 N.W.2d 689 (Wis. Ct. App. 1998). “See *834 § 972.07(2), Stats.; see also State v. Barthels, 174 Wis.”
— Wis. Stat. § 972.07(1) — 2 cases
State v. Comstock, 471 N.W.2d 596 (Wis. Ct. App. 1991). “Section 972.07(1), Stats. In a jury trial, jeopardy attaches when the jury is selected and sworn.”
State v. Poveda, 479 N.W.2d 175 (Wis. Ct. App. 1991).
— Wis. Stat. § 972.07(2) — 11 cases
State v. Miller, 541 N.W.2d 153 (Wis. Ct. App. 1995). “2 Section 972.07, Stats., states: Jeopardy attaches: (1) In a trial to the court without a jury when a witness is sworn; (2) In a jury trial when the selection of the jury has been completed and the jury sworn.”
State v. Barthels, 480 N.W.2d 814 (Wis. Ct. App. 1992). “Finally, the court concluded that" [t]o dismiss this action because of the doctor's failure to appear, *883 without the complicity of the State, would clearly defeat the ends of justice.”
State v. Reid, 479 N.W.2d 572 (Wis. Ct. App. 1991). “Section 972.07(2), Stats. Under the federal and state constitutions a defendant may not be twice put in jeopardy for the same offense.”
State v. Kurzawa, 496 N.W.2d 695 (Wis. Ct. App. 1993). “Section 972.07(2), Stats. In that trial, the state sought to establish the element of "false representation" ( see sec.”
State v. Gonzalez, 493 N.W.2d 410 (Wis. Ct. App. 1992). “Gilmer merely holds that jeopardy attaches when the jury is sworn, a principle that has been codified in sec. 972.07(2), Stats. Neither Gilmer nor any other Wisconsin case addresses the question of when a jury trial begins.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.