BRAVO-FERNANDEZ v. UNITED STATES
Supreme Court of the United States, Ginsburg, Nov. 29, 2016,
Double Jeopardy – Issue Preclusion – Inconsistent jury verdicts do not result in issue preclusion when the guilty verdict is vacated for unrelated reasons
(Concur – Thomas – Quoting Scalia’s dissents as to issue preclusion being part of Double Jeopardy at all)
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THEODORE SCOTT v. STATE OF MARYLAND
Court of Special Appeals, D Eyler, Oct. 26, 2016,
Double Jeopardy – Resentencing – Double jeopardy does not bar the State from introducing new evidence regarding the same prior conviction where the case was remanded back for resentencing.
CoA opinion — less interesting than I thought…
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STATE OF MARYLAND v. KENNETH HART
Court of Appeals, Greene, August 19, 2016,
Mistrial – Absence of Defendant – Court acceptance of partial verdict by jury in absence of Defendant without exploring voluntariness of absence was not “manifest necessity” and barred retrial on deadlocked count
ANTONIO W. JOHNSON v. STATE OF MARYLAND
Court of Special Appeals, Kehoe, July 28, 2016,
Double Jeopardy – Manifest Necessity – Where defense counsel presents a detailed, exculpatory narrative in opening and then calls no witness, no abuse of discretion in mistrial
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STATE OF MARYLAND v. MICHAEL M. JOHNSON
Court of Special Appeals, Wright, June 29, 2016,
Jurisdiction – A court has no jurisdiction to rule on a motion made in a criminal proceeding where a mistrial was granted and jury discharged
(Dissent – Friedman – any acquittal should bar retrial so long as there is personal and subject-matter jurisdiction)
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COMMONWEALTH OF PUERTO RICO v. LUIS M. SANCHEZ VALLE ET AL.
Supreme Court of the United States, Kagan, June 9, 2016,
Double Jeopardy – Dual Sovereign – Because Puerto Rico and the federal government both obtain their prosecutorial powers from the federal government, conviction/acquittal in one bars trial in the other.
(Concur – Ginsburg, Joined by Thomas Yep – Double Jeopardy should apply nationwide, eliminate Dual Sovereign rule)
(Concur – Thomas – Indian Tribes should not be considered separate sovereigns)
(Dissent – Breyer, Joined by Sotomayor – The majority’s opinion only makes sense if you don’t give it much thought)
WAYNE BYRON WARREN, JR. v. STATE OF MARYLAND
Court of Special Appeals, Moylan, Filed Jan. 29, 2016,
Double Jeopardy – Where defendant went to trial charged with events covering a range of dates, he could not be tried again for the same charge during a range of dates that overlapped the first set (even where the overlap was only partial)