Legal Opinion
State v. Willis
Superior Court of Delaware
Decided November 21, 1995No. Crim. A. IN95-01-0246PublishedCited by 6 opinions
1Opinion of the Court
OPINION
COOCH, Judge.
Kevin Willis (Defendant) is charged by indictment with one count of Robbery First Degree (11 Del.C. § 832). Defendant has filed a Motion to Dismiss Indictment pursuant to Super.Ct.Crim.R. 12, asserting that prosecution of him on this Robbery First Degree charge is barred by the prohibition against double jeopardy because of his prior conviction for Unauthorized Use of a Vehicle (11 Del.C. § 853) arising out of the same incident. This Court finds that 11 Del.C. § 206 is relevant to a double jeopardy analysis, and that subsection (b)(3), seldom used, yet the broadest of…
2Cases cited28 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Benton v. MarylandSupreme Court of the United States · 1969
- Reynolds v. SimsSupreme Court of the United States · 1964
- Brown v. OhioSupreme Court of the United States · 1977
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3Cited by6 opinions
- Blake v. StateSupreme Court of Delaware · 2013
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- Ryle v. StateSupreme Court of Delaware · 2022
- State v. CarruthUtah Supreme Court · 1999
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