Commonwealth v. Washington

I respectfully dissent. The record in this case clearly establishes, as the Court of Appeals of Virginia determined, that Darrell Washington was twice put in jeopardy in violation of his rights under the Fifth Amendment to the Constitution of the United States as a result of his two jury trials in the Circuit Court of Arlington County for the *307same offenses. I cannot join an opinion which nevertheless declines to address and enforce those rights by. concluding, in effect, that Washington is procedurally precluded on appeal from asserting his constitutional claim because he did not expressly…