MICHAEL NELSON CURRIER v. VIRGINIA
Supreme Court of the United States, Gorsuch, June 22, 2018,
Double Jeopardy – A defendant who agrees to have his charges tried separately cannot then argue that Double Jeopardy bars the other trials
Facts:
Virginia police dredged up a safe full of guns. The safe had been reported stolen along with $71,000 in cash. Most of the money was missing from the recovered safe.
Once confronted, the victim’s nephew quickly confessed to the theft and pointed out Michael Currier as his accomplice.
Currier was charged with burglary, theft, and unlawful possession of a firearm by a convicted felon.
To avoid having evidence of his prior felony conviction come into evidence, Currier agreed to have the felon in possession charge severed from the others for trial and tried last.
Currier was found not guilty at the burglary/theft trial. He then moved argued that Double Jeopardy barred trying him for the felon in possession charge.
This was denied by Virginia courts, at which point Currier requested review by the Supreme Court.
Held: The Court held that because Currier requested to have the charges tried separately, he can’t complain when that’s what happened.