×
You've used up your 3 free articles for this month. Subscribe today.
Virginia Supreme Court Holds Convictions for Common Law and Statutory Involuntary Manslaughter Violate Double Jeopardy Clause
Loaded on Aug. 19, 2018
by Dale Chappell
published in Criminal Legal News
September, 2018, page 36
Filed under:
Double jeopardy.
Location:
Virginia.
by Dale Chappell
The Supreme Court of Appeals for Virginia held that convictions for both common law and statutory involuntary manslaughter for the same offense violated the Double Jeopardy Clause and remanded to vacate one of the convictions.
A jury convicted Carroll Gregg Jr., of both common law involuntary manslaughter ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- How Coercive Interrogations Can Lead to a False Confession, by Brian Leslie
- $9 Million Settlement in Baltimore Wrongful Conviction Case, by Christopher Zoukis
- Fifth Circuit Affirms Habeas Relief Granted to Louisiana Prisoner Who Overcame SOL by ‘Credible Showing of Actual Innocence’, by Christopher Zoukis
- Minneapolis Police Used EMS Staff to Drug Certain Suspects, Report Says, by Betty Nelander
- U.S. Supreme Court: Drivers of Rental Cars Not on Rental Agreement Have Expectation of Privacy, by Dale Chappell
- Seventh Circuit: ‘Force’ for Aggravated Sexual Abuse Requires ‘Physical Force,’ Not Psychological Coercion, by Christopher Zoukis
- U.S. Supreme Court’s Carpenter Decision a Warning to Police on Warrantless Data Searches, by Derek Gilna
- Washington Supreme Court Clarifies Process by Which Insanity Acquittees May Petition for Release, by Christopher Zoukis
- SCOTUS’ Unanimous Death-Penalty Jury Verdict Decision Affecting Florida Cases, by Derek Gilna
- New Kansas Law Compensates Those Wrongfully Convicted, by Dale Chappell
- Georgia Defense Attorney Wins Another ‘Jury-Nullification’ Case, by Derek Gilna
- New Jersey Appellate Division Extends Urbina Self-Defense Rule to Defense of Others in Plea Allocution, by David Reutter
- Virginia Supreme Court Holds Convictions for Common Law and Statutory Involuntary Manslaughter Violate Double Jeopardy Clause, by Dale Chappell
- Cato Institute: Require Cops to Carry Liability Insurance, by Christopher Zoukis
- SCOTUS Issues Landmark Fourth Amendment and Digital Privacy Opinion in Carpenter
- Eighth Circuit Rules Officer’s Inability to Read Temporary Vehicle Tag Does Not Justify Traffic Stop, Evidence Obtained Must be Suppressed, by Christopher Zoukis
- First Circuit Holds Appeal Not Barred by Plea Agreement Waiver Provision When Sentence Exceeds Agreement, by David Reutter
- New York City Decriminalizes Some Public Smoking of Marijuana in Policy Shift, by Derek Gilna
- Can Cops Shoot a Fleeing Suspect in the Back?, by Dale Chappell
- Texas Courts Rubber Stamp Post-Conviction Fact Findings in Death Penalty Cases, Study Says, by Matthew Clarke
- New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms, by Christopher Zoukis
- Hawaii Supreme Court Vacates Conviction Due to Prosecutor’s Bogus Argument Attacking Defense Counsel, by Matthew Clarke
- Drug Detection Using Fingerprints in the Works, by Matthew Clarke
- Sixth Circuit Reverses Relevant Conduct Firearm Enhancement Because No Connection Between Possession Charges Based on Two Separate Shootouts, by Christopher Zoukis
- Kansas Supreme Court: Deadly Weapon-Use Finding Prerequisite to Imposing Violent Offender Registration Requirement, by Matthew Clarke
- Third Circuit Grants Habeas Relief to Prisoner Convicted of First-Degree Murder Without Evidence of Specific Intent to Kill, by Christopher Zoukis
- Why Sex Offender Registries Keep Growing Even as Sexual Violence Rates Fall, by Steven Yoder
- NYPD’s Lack of Disciplinary Record Transparency Frustrates Prosecutors, by Betty Nelander
- Maryland’s Top Court Rules Actual Notice by Trial Judge Unnecessary to Trigger Hearing Requirement On Defendant’s Request to Replace Defense Counsel, by Christopher Zoukis
- Immigration Authorities Seize Wrongfully Convicted Man After Release, by Matthew Clarke
- Chicago Tries to Reduce Deficit at its Poorer Citizens’ Expense, by Edward Lyon
- Kansas (Finally) Outlaws Sex Between Cops and Detained Citizens
- California Property Owners Billed for Their Own Prosecution, by Christopher Zoukis
- What Some Prison Sentence Lengths Actually Reflect, by Edward Lyon
- Trial Lawyer Advocates ‘Jury Nullification’ To Acquit the Unjustly Accused, by Derek Gilna
- Academic Paper Highlights Need to Tighten Rules for Fingerprint Evidence in Light of False-Positive Error Rate, by Steve Horn
- New York City Gang Database Increases 70 Percent Since 2014, by Derek Gilna
- South Dakota Supreme Court Rules that Trial Court Cannot Reject a Plea Agreement It Already Implicitly Accepted, by Christopher Zoukis
- New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release, by Dale Chappell
- Iowa Supreme Court: Relief from Conviction Not Required When Suing for Legal Malpractice Based on Wrongful Sentence, by Dale Chappell
- South Dakota Supreme Court Announces Search Incident to Arrest Exception to Warrant Requirement Does Not Apply to Collection of Urine Sample Upon Arrest, by Dale Chappell
- Armed and Dangerous: If Police Don’t Have to Protect the Public, What Good Are They?, by John W. Whitehead
- There’s No Rational Way to Justify America’s Drug Laws, by Maia Szalavitz
- News in Brief
- Secondary DNA Transfer: The Rarely Discussed Phenomenon That Can Place the Innocent (and the Dead) at a Crime Scene They’ve Never Been To, by Christopher Zoukis
More from Dale Chappell:
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
More from these topics:
- Colorado Supreme Court Announces First Degree Criminal Trespass of Dwelling Is Lesser-Included Offense of Second Degree Burglary, Explicitly Overruling Garcia, and Merger Is Remedy for Double Jeopardy Sentencing Error, July 15, 2024. Double jeopardy, Resentencing.
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024. Double jeopardy.
- New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both, Jan. 15, 2024. Double jeopardy.
- Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge, Nov. 15, 2022. U.S. Sentencing Guidelines, Double jeopardy, New Trial/Judgment of Acquittal.
- New Mexico Supreme Court Announces Judicial Misconduct May Bar Retrial Under Double Jeopardy Clause of State Constitution, Sept. 15, 2022. Double jeopardy, Judicial Disqualification/Misconduct.
- Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy, July 15, 2022. Double jeopardy.
- California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act, June 15, 2021. Double jeopardy.
- Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial, June 15, 2021. Double jeopardy, Mistrial Motion.
- Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy, April 15, 2021. Double jeopardy, Drug Laws/Offenses.
- Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government, Feb. 15, 2021. First Step Act, Double jeopardy.