Plan B Forum

. . . and apparently the judge buys it. David DePape was convicted in a federal court of assault on an immediate family member of a federal official. https://www.nytimes.com/2024/06/06/us/d ... arges.html

So now he is up on California charges for the same assault: including "attempted murder, assault with a deadly weapon and elder abuse" and his lawyers have persuaded the judge to throw out these charges on double jeopardy grounds. Several state charges " including false imprisonment, felony burglary and aggravated kidnapping" have, apparently, survived.

I don't want to get into the rights and wrongs of double jeopardy: but why isn't this settled law 237 years into the republic? You'd think this was all sorted by now, but it seems not.

Fro what I read, those charges were dismissed by the judge under double jeopardy; not sure why they were brought in the first place, but there may be some procedural advantage to have both federal and state charges pending until one is adjudicated. Sue or BSG?

Under the dual sovereignty doctrine, usually people can be tried for the same activities in both state and federal court. This is a long-standing exception to double jeopardy and I'm not sure why this judge didn't adhere to it.

Thanks BSG, it is coming back to me now--I took Criminal Law many years ago and do not practice in that area. I did hear the dismissal was appealed.

Thanks BSG - dual sovereignty was the phrase I was looking for.