Commonwealth v. Rodriguez

Defendant was acquitted on a charge of receipt of stolen property and then prosecuted for larceny of the same property. Defendant argues that the subsequent larceny complaint was properly dismissed on the ground of double jeopardy. The court concluded that the same elements test, firmly rooted in the court's history and case law, is the only appropriate test to apply in both single and successive prosecution scenarios. The court explained that, because larceny and receipt are not the same offense for double jeopardy purposes, dismissal of the larceny complaint on double jeopardy grounds is not warranted. Finally, the court concluded that the successive prosecutions do not violate the equitable principles of due process, collateral estoppel, and judicial estoppel. Accordingly, the court reversed the allowance of defendant's motion to dismiss on the ground of double jeopardy. View "Commonwealth v. Rodriguez" on Justia Law