No. 20-6669
Response WaivedIFP
Tags: 5th-amendment constitutional-provision criminal-charges criminal-prosecution double-jeopardy fifth-amendment first-offender-statute state-prosecution substantive-criminal-charges
Key Terms:
FifthAmendment
FifthAmendment
Latest Conference:
2021-02-19
Question Presented (AI Summary)
Double Jeopardy Clause
Question Presented (OCR Extract)
QUESTION PRESENTED This case involves a state criminal prosecution. The indictment charges five crimes which the State previously proved in a separate prosecution of the same defendant in an action for a final adjudication in a prior conditional sentence. Does the Double Jeopardy Clause of the 5t 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? 2
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
State of Georgia
Andrew Alan Pinson — Office of the Georgia Attorney General, Respondent
Andrew Alan Pinson — Office of the Georgia Attorney General, Respondent