Legal Opinion
State v. Moyd
Court of Appeals of South Carolina
Decided March 4, 1996No. 2471PublishedCited by 8 opinions
1Opinion of the Court
Shaw, Judge:
John Ervin Moyd was convicted of driving under suspension (DUS) and driving while under a declaration that he is an habitual traffic offender (HTO). He appeals, claiming the prosecution of both charges violates the Double Jeopardy Clause, and that the trial court should have declared a mistrial due to highly prejudicial testimony by the arresting officer. We affirm.
Moyd was arrested on November 28, 1993, by Trooper James B. Simmons after Simmons apprehended him and determined he was driving under suspension. Moyd was later charged as an HTO after the Department of Transportation…
2Cases cited10 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- United States v. DixonSupreme Court of the United States · 1993
- Grady v. CorbinSupreme Court of the United States · 1990
- State v. DawkinsSupreme Court of South Carolina · 1989
- State v. GravesSupreme Court of South Carolina · 1977
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. EaslerSupreme Court of South Carolina · 1997
- State v. BrandtSupreme Court of South Carolina · 2011
- State v. PrimusCourt of Appeals of South Carolina · 2000
- State v. EldersCourt of Appeals of South Carolina · 2010
- State v. PaceCourt of Appeals of South Carolina · 1999
3 more not listed; retrieve them via the Exa API.