United States Supreme Court

Affirmed. Criminal defendant was indicted for burglary, grand larceny, and unlawful possession of a firearm by a felon. He agreed to a severance; trying the burglary and grand larceny first; followed by a second trial for the firearm. The jury acquitted defendant for the first trial. Defendant then sought to raise the issue of double jeopardy to stop the second trial. Virginia Court of Appeals and Supreme Court rejected the argument. The US Supreme Court now affirms. The court reasoned that Double Jeopardy is not violated where the defendant elects to have offenses tried separately nor was it violated because defendant made a difficult choice in whether to severe the trials or not.

Appellate Information

• Published 2018/06/22

Judges

• Gorsuch

Court

• United States Supreme Court

Counsel