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Criminal Law: Double Jeopardy – Robbery Charges – Effectiveness Of Counsel

Stephanie Maniscalco//March 26, 2009//

Criminal Law: Double Jeopardy – Robbery Charges – Effectiveness Of Counsel

Stephanie Maniscalco//March 26, 2009//

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State v. Bohlen (MLW No. 58757/Case No. ED46436-01 – 10 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.)

Where a defendant was charged and convicted of three counts of robbery, separating the robbery of the store manager for robbery of the store’s property and robbery of his own watch into two counts constituted double jeopardy, and the failure of the defendant’s counsel to raise this objection was sufficiently serious that the outcome of the appeal would have been different, so the judgment is vacated as to Count I.

Vacated.

State v. Bohlen (MLW No. 58757/Case No. ED46436-01 – 10 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.) Appealed from circuit court, St. Louis County, Saitz, J. (Ellen H. Flottman for appellant) (Shaun J. Mackelprang and Dora A. Fichter, Jefferson City, for respondent).

Click here to read the full text of this opinion.

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