Martin v. Commonwealth

In this appeal involving convictions of attempted murder and use of a firearm in the commission of attempted murder, we consider the Supreme Court’s new “same conduct” rule for determining whether the second of two successive prosecutions is barred by principles of double jeopardy. See Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084 (1990). Finding that the Corbin rule does not apply here, we will affirm the convictions.

The following scenario spawned the question for decision in this case: On October 31, 1987, Larry Berry, a member of the police department of the City of Manassas Park in Prince…