Legal Opinion

STANLEY MOGHALU v. UNITED STATES

District of Columbia Court of Appeals

Decided August 13, 2015No. 14-CF-370PublishedCited by 2 opinions

1Opinion of the Court

FISHER, Associate Judge:

A Superior Court jury convicted appellant Stanley Moghalu of unlawful possession of a firearm (“UPF”) and carrying a pistol without a license (“CPWL”). 1 These convictions followed two mistrials on the same charges. For the first time, appellant now contends that his third trial was barred by the Double Jeopardy Clause. Because appellant failed to assert a double jeopardy bar prior to the third trial, he waived that defense. We therefore affirm.

I. Factual and Procedural History

Appellant was originally tried on one count of UPF and one count of CPWL. Because the jury…

2Cases cited20 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Abney v. United StatesSupreme Court of the United States · 1977
  4. Arizona v. WashingtonSupreme Court of the United States · 1978
  5. Hansford P. Miller v. Jackson AviromCourt of Appeals for the D.C. Circuit · 1967

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3Cited by2 opinions

  1. Chew v. United StatesDistrict of Columbia Court of Appeals · 2024
  2. Chew v. United StatesDistrict of Columbia Court of Appeals · 2024

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