Grady v. Corbin

We have long held, see Blockburger v. United States, 284 U. S. 299, 304 (1932), that the Double Jeopardy Clause of the Fifth Amendment1 prohibits successive prosecutions for the same criminal act or transaction under two criminal statutes whenever each statute does not “requir[e] proof of a fact which the other does not.” In Illinois v. Vitale, 447 U. S. 410 (1980), we suggested that even if two successive prosecutions were not barred by the Blockburger test, the second prosecution would be barred if the prosecution sought to establish an essential element of the second crime by proving the…