Supreme Court granted cert to review state and federal criminal prosecution
Criminal Defense Attorney Patrick Michael Megaro publishes comment on Gamble vs. United States, pending before the U.S. Supreme Court. The Court granted certiorari to review criminal prosecution in federal and state court.
By: Halscott Megaro PA
Gamble v. United States is a case being appealed from the U.S. Court of Appeals for the Eleventh Circuit, originating from the state of Alabama. The defendant Terance Martez Gamble was pulled over in a traffic stop in 2015 for a broken taillight. During the stop, the police officer found a gun in Gamble's car. Because Gamble had a prior conviction for felony robbery, he was barred from owning a firearm. Gamble was charged with illegal possession of a firearm by the state of Alabama and served one year in state prison. Afterwards, Gamble was charged by the Federal Government arising out of the same incident under the federal statute forbidding illegal possession of a firearm. Gamble was convicted and is currently serving time in federal prison.
Gamble challenged the federal prosecution during the trial in federal district court and then subsequently on appeal as violation of the Double Jeopardy Clause of the U.S. Constitution. Gamble's challenge was denied due to a long-established exception to the Double Jeopardy clause known as separate or dual sovereigns doctrine.
The Supreme Court's cert is interesting given that it is reviewing a well-established doctrine in a case with fairly routine application of the principle. What adds intrigue to the cert is the fact that in Puerto Rico v. Sanchez-Valle, a 2016 case, Justice Ginsburg and Justice Thomas joined in a concurring opinion that discussed the need to revisit the separate sovereigns doctrine.
Mr. Megaro notes that whether Justice Ginsburg and Justice Thomas tipped their hands in Sanchez-Valle will remain to be seen in Gamble v. United States.
About Patrick Megaro
Patrick Michael Megaro is an attorney at Halscott Megaro PA.
The Megaro Criminal Law Library: https://themegarocriminallawlibrary.com/
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Halscott Megaro PA
Patrick Megaro, Criminal Defense Attorney