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SCOTUS Announces Single Act Violating Both 18 U.S.C. §§ 924(c)(1)(A)(i) and 924(j) May Result in Only One Conviction, Ruling Congress Did Not Clearly Express Intent to Overcome Blockburger Presumption Against Cumulative Punishment for Same Offense by David Kim by David Kim The Supreme Court of the United States held that …
Massachusetts Supreme Judicial Court: Amending Indictment to Change Subsections of Aggravated Child Rape Statute Constitutes an Impermissible Substantive Amendment by David Kim by David Kim The Supreme Judicial Court of Massachusetts unanimously held that amending an indictment to change the subsection of the aggravated child rape statute under which a …
Indiana Supreme Court Clarifies “Single Statutory Offense” for Substantive Double Jeopardy Analysis, Holding Powell Test Governs Multiple Convictions Under Elevated Forms of Common Base Offense by David Kim by David Kim The Supreme Court of Indiana held that when a criminal statute defines a base offense with elevated forms at …
Article • March 1, 2026 • from CLN April, 2026
Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct by David Reutter by David M. Reutter In an en banc decision, the Supreme Court of Washington held that …
California Supreme Court Announces Single Criminal Act Harming Multiple Victims Constitutes Only One Strike Under Three Strikes Law by David Kim by David Kim The Supreme Court of California unanimously held that the rule established in People v. Vargas, 328 P.3d 1020 (Cal. 2014), requiring a trial court to dismiss …
Article • November 15, 2025 • from CLN December, 2025
First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It by Douglas Ankney by Douglas Ankney The United States Court of Appeals for the First Circuit affirmed …
Article • March 15, 2025 • from CLN April, 2025
Nevada Supreme Court: Theft Offenses and Possessing or Receiving Stolen Property Offenses Are Mutually Exclusive and Double Jeopardy Protections Bar Conviction for Both Offenses When Based on Same Conduct by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada reaffirmed that theft offenses and possessing or receiving stolen property …
Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction by Sam Rutherford by Sam Rutherford The Supreme Court of Illinois reversed and dismissed Empire actor Jussie Smollett’s felony disorderly conduct …
Article • July 15, 2024 • from CLN July, 2024
Colorado Supreme Court Announces First Degree Criminal Trespass of Dwelling Is Lesser-Included Offense of Second Degree Burglary, Explicitly Overruling Garcia, and Merger Is Remedy for Double Jeopardy Sentencing Error by Sam Rutherford by Sam Rutherford   The Supreme Court of Colorado held that convictions for second-degree burglary and first-degree criminal …
Article • May 15, 2024 • from CLN May, 2024
Filed under: Double jeopardy
SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment by Richard Resch by Richard Resch In a unanimous opinion, the Supreme Court of the United States held that a jury’s verdict of not guilty by reason of insanity is an “acquittal” …
Article • January 15, 2024 • from CLN January, 2024
Filed under: Double jeopardy
New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both by Douglas Ankney by Douglas Ankney The Supreme Court of New Mexico clarified that when reviewing claims of double jeopardy, the court is to apply either the strict-elements test …
Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge by Jacob Barrett by Jacob Barrett In a case of first impression, the Supreme Court of Louisiana held double jeopardy bars the reinstatement and …
Article • September 15, 2022 • from CLN October, 2022
New Mexico Supreme Court Announces Judicial Misconduct May Bar Retrial Under Double Jeopardy Clause of State Constitution by Douglas Ankney by Douglas Ankney In a case of first impression, theNew Mexico Supreme Court (“NMSC”) announced that judicial misconduct may bar retrial under the double jeopardy clause of the New Mexico …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Double jeopardy
Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy by Anthony Accurso by Anthony W. Accurso The Supreme Court of Michigan ruled that the Legislature intended that no person be punished under both the state’s second-degree murder statute, …
Article • June 15, 2021 • from CLN July, 2021
Filed under: Double jeopardy
California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act by Anthony Accurso by Anthony Accurso The Court of Appeal of California, Second Appellate District, Division Eight, vacated a defendant’s conviction for robbery because he had been convicted for kidnapping to commit …
Article • June 15, 2021 • from CLN July, 2021
Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial by Matthew Clarke by Matt Clarke The Supreme Court of Mississippi held that a conviction for attempted burglary of a dwelling with the intent to commit larceny was invalid and retrial …
Article • April 15, 2021 • from CLN May, 2021
Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held thatimposition of two punishments for one quantity of drugs violates double jeopardy. Officers executed a search warrant of Kenny Pendleton’s …
Article • February 15, 2021 • from CLN March, 2021
Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Third Circuit handed down an opinion on December 21, 2020, holding that the prohibition against a subsequent resentencing in § 404(c) …
Article • January 15, 2021 • from CLN February, 2021
First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit ruled that the Government is barred …
Article • January 15, 2021 • from CLN February, 2021
Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy by Dale Chappell by Dale Chappell The Supreme Court of Colorado held on December 14, 2020, that dividing up multiple images of child pornography in order to charge a defendant with …
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