Tag: double jeopardy

What is Double Jeopardy? Double Jeopardy shares its name with a game show, but, it is no game. The term double jeopardy has been around since 1905. Double jeopardy is part of the Fifth Amendment to the U.S. Constitution and states; no person shall be subject for the same offense twice. If there is an […]

In the case of Bryan Greenlee versus the State of Florida, Mr. Greenlee was convicted of four counts of possession of a firearm by a convicted felon. The court of appeals ruled that because each count was based on guns possessed during the same event, three of Greenlee's convictions violated double-jeopardy principles and therefore had […]

In the case of Jehu Ramirez versus the State of Florida, Mr. Ramirez was found guilty by a jury of both of the crimes of sexual battery and lewd or lascivious molestation. The facts of this case are as follows: On April 9, 2010, Ramirez' girlfriend, Ana Salinas, was babysitting a child who had the […]

In the case of Robert Gorham versus the State of Florida, Mr. Gorham was convicted of two counts of burglary of a conveyance with an assault or battery. His convictions were based on a single entry but involved two different victims. Gorham appealed his convictions, and the appellate court ruled that: 1. His two convictions […]

In the U.S. Supreme Court case of the State of Michigan versus Lamar Evans, the facts were as follows: After the prosecution rested its case at Lamar Evans' arson trial, the judge granted Evans' motion for a directed verdict of acquittal, concluding that the prosecutor had failed to prove that the burned building was not […]

          Florida law states that "a single indictment or information may, under proper circumstances, charge theft and dealing in stolen property in connection with one scheme or course of conduct in separate counts that may be consolidated for trial, but the trier of fact may return a guilty verdict on one […]

          Florida law states that "a single indictment or information may, under proper circumstances, charge theft and dealing in stolen property in connection with one scheme or course of conduct in separate counts that may be consolidated for trial, but the trier of fact may return a guilty verdict on one […]

          In the case of Negron Gil De Rubio versus the State of Florida, Mr. Negron was convicted of both conspiracy to commit racketeering and conspiracy to commit drug trafficking after evidence was presented at his trial that he and others were involved in smuggling cocaine into Florida from Puerto Rico and […]

          The Double Jeopardy Clause, which is contained in the Fifth Amendment to the United States Constitution, states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb."             The Double Jeopardy Clause is designed to protect individuals accused of committing crimes against the […]

          Jeff Norman of The Huffington Post recently emailed me the following question:           "What makes it legal for police to detain a DUI arrestee until he or she is 'sober,' when the only purpose of the detention is to maintain safety, and there is no intent to bring the arrestee before a judge for arraignment? […]