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Legal Opinion

State v. Levesque

Supreme Court of Rhode Island

Decided April 16, 1997No. 96-365-C.APublishedCited by 1 opinion

1Opinion of the Court

OPINION

FLANDERS, Justice.

Double-jeopardy considerations are at issue on this appeal by the state from the Superior Court’s dismissal of an indictment against the defendant, J. Michael Levesque (Levesque), the former mayor of West Warwick (the town), for obtaining money by false pretenses. 1 A motion justice found that a previous $5,000 civil fine imposed by the Rhode Island Ethics Commission (commission) against Levesque constituted “punishment” within the purview of both the federal and the state double-jeopardy clauses 2 and therefore barred the state from later attempting to prosecute…

2Cases cited7 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. United States v. DixonSupreme Court of the United States · 1993
  3. United States v. HalperSupreme Court of the United States · 1989
  4. United States v. Robert S. StollerCourt of Appeals for the First Circuit · 1996
  5. State v. FroaisSupreme Court of Rhode Island · 1995

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3Cited by1 opinion

  1. State v. CelonaSuperior Court of Rhode Island · 2007

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