Legal Opinion

State v. Jolly

Court of Appeals of South Carolina

Decided May 8, 2013No. Appellate Case No. 2011-190688; No. 5128Published

1Opinion of the CourtKonduros, J.

The State appeals the circuit court’s dismissal of two counts of obtaining property by false pretenses against Robert Steve Jolly based on double jeopardy. The State contends the circuit court erred in finding Jolly’s being held in criminal contempt for the same conduct precluded his prosecution because the offenses were not identical and required proof of different elements. We reverse and remand.

FACTS

Jolly was allegedly involved in a fraudulent mortgage scheme in which he induced distressed homeowners to transfer their mortgaged property to him through quitclaim deeds. Jolly represented to…

2Cases cited15 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. United States v. DixonSupreme Court of the United States · 1993
  3. Hudson v. United StatesSupreme Court of the United States · 1997
  4. Rutledge v. United StatesSupreme Court of the United States · 1996
  5. State v. EaslerSupreme Court of South Carolina · 1997

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