State v. Porter

A court may look to the evidence presented at trial when determining if a defendant’s conviction violated the constitution prohibition against double jeopardy. Defendant appealed his convictions of assault of public safety personnel and interfering with an officer, arguing that the two convictions constituted a double jeopardy violation. To resolve Defendant’s claim, the Appellate Court reviewed evidence presented at trial and concluded that the two crimes did not stem from the same conduct. Consequently, the Appellate Court concluded that Defendant did not satisfy the requirements to establish a double jeopardy violation in the context of a single trial. The Supreme Court affirmed, holding (1) the Appellate Court properly reviewed the evidence to determine that the offenses in question did not arise from the same act or transaction; and (2) therefore, Defendant’s conviction did not violate double jeopardy. View "State v. Porter" on Justia Law