Section 13.78 Rulings on Particular Charges

LibraryCriminal Practice 2012 Supp

G. (§13.78) Rulings on Particular Charges

Double jeopardy has been the subject of many United States Supreme Court and other court decisions. See, e.g.:

Benton v. Md., 395 U.S. 784 (1969) (trial on burglary and larceny, acquittal of larceny, cannot be retried for larceny after obtaining new trial on burglary charge);

Breed v. Jones, 421 U.S. 519 (1975) (cannot try a defendant as an adult after the defendant has had an adjudicatory hearing in juvenile court; should hold a transfer hearing first);

Iannelli v. United States, 420 U.S. 770 (1975) (Wharton’s rule on merging of conspiracy and substantive offense, when it requires more than one participant, is not required by the double jeopardy clause);

N.C. v. Pearce, 395 U.S. 711 (1969) (increase in sentence on retrial).

A defendant may not be convicted of both armed criminal action and unlawfully exhibiting the weapon in a threatening manner, State ex rel. Green v. Moore, 131 S.W.3d 803 (Mo. banc 2004), or of felony murder and armed criminal action when the felony that the murder charge is based on is exhibiting a weapon in a threatening manner. Section 571.015.4, RSMo 2000; Ivy v. State, 81 S.W.3d 199 (Mo. App. W.D. 2002).

When the first jury in a capital murder case did not assess the...

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