Legal Opinion

Nathaniel Jackson v. State of Florida

District Court of Appeal of Florida

Decided January 14, 2016No. 1D15-4085Published

1Opinion of the CourtBilbrey, J.

Nathaniel Jackson petitions for a writ of prohibition following the denial of his motion to dismiss. He argues that a prosecution for possession of a firearm by a convicted felon is barred by collateral estoppel as embodied in the Double Jeopardy Clause of the federal and state- constitutions. U.S. Const. amend. V; Art. I, § 9, Fla. Const.; Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970). We grant the petition because the State is barred from introducing evidence that Jackson committed an assault, an offense for which he has been acquitted. - However, while the State is…

2Cases cited10 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. English v. McCrarySupreme Court of Florida · 1977
  3. Mandico v. Taos Const., Inc.Supreme Court of Florida · 1992
  4. State v. PerkinsSupreme Court of Florida · 1977
  5. Gragg v. StateSupreme Court of Florida · 1983

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