FifthAmendment DueProcess
Whether the Court should overrule the 'separate sovereigns' exception to the Double Jeopardy Clause
QUESTION PRESENTED Whether the Court should overrule the “separate sovereigns” exception to the Double Jeopardy Clause. STATEMENT OF ISSUES PRESENTED The exception to the Double Jeopardy Clause, pursuant to which Mr. DeCaro's otherwise plainly unconstitutional duplicative conviction was upheld, is inconsistent with the plain text and original meaning of the Constitution. The separate-sovereigns exception's doctrinal underpinnings have eroded; and, this caused the federal jury to re-adjudicate the State law. . This cdse is in aid of the Court to Gamble v. United States, No. 17-646, because the decisions below hinged on the validity of this Court's separate-sovereigns exception; and, where Gamble was convicted, Mr. DeCaro was acquitted in the State. ; Richard DeCaro has maintained his innocence for over twenty-six years, because of the separate-sovereigns exception he is slated to die in prison; overruling that . exception would set him free. i