Commonwealth v. Davidson

Opinion of the Court by

Special Justice MOORE.

The Commonwealth appeals from a Kentucky Court of Appeals’ decision reversing Gary Davidson’s conviction for assault in the second degree and subsequently barring a retrial for the same offense under the Double Jeopardy Clause. Upon review of the record, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On the night of March 26, 2003, Crystal Williams was involved in a physical altercation with her former boyfriend, Gary Davidson, and his girlfriend at the time, Tracey Rogers. Williams allegedly traveled to Davidson’s trailer home to collect some of…