Hudgins v. Commonwealth

For the reasons I have previously explained in Hudgins v. Commonwealth, 40 Va.App. 1, 11-17, 577 S.E.2d 505, 510-13 (2003) (Benton, J., concurring), I would hold that principles of collateral estoppel bar this prosecution. Therefore, I too would reverse the conviction.

In the first trial, Tarik H. Hudgins was tried for robbery and acquitted after the presentation of evidence. The second indictment, which charged a larceny arising from the same incident, brought into focus traditional concerns about the protections afforded by the guarantees of the Double Jeopardy Clause.

“The development of the…