No. 20-6669

Brian Zellner v. Georgia

Lower Court: Georgia
Docketed: 2020-12-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment constitutional-provision criminal-charges criminal-prosecution double-jeopardy fifth-amendment first-offender-statute state-prosecution substantive-criminal-charges
Latest Conference: 2021-02-19
Question Presented (from Petition)

Does the Double Jeopardy Clause of the 5th Amendment bar state prosecution of a defendant on substantive criminal charges based on the same conduct which triggered a criminal conviction entered as an adjudication of guilt under Georgia's "First-Offender" statute?

Question Presented (AI Summary)

Double Jeopardy Clause

Docket Entries

2021-02-22
Petition DENIED.
2021-01-21
DISTRIBUTED for Conference of 2/19/2021.
2021-01-20
Waiver of right of respondent Georgia to respond filed.
2020-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 20, 2021)

Attorneys

Brian Zellner
John Walter DonnellyWestern Judicial Circuit Public Defender, State of, Petitioner
State of Georgia
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent