Double Jeopardy case out of Cleveland, TN

12 March 2012 Categories: All Blogs

On Friday, The Supreme Court of Tennessee issued a ruling on double jeopardy protections under the state and federal constitutions. The case is State of Tennessee v. Lonnie Cross and comes out of Cleveland, TN, McNulty & Associates’ Managing Partner‘s home town.

The full case can be found here:
State v. Cross.
It includes a well-written high speed chase scene by Justice Koch, the author of the opinion.

The main issue decided in this case was whether Cross could be convicted of both felony evading arrest and felony reckless endangerment, both of which were charged for his conduct in the high speed chase. Cross argued that convicting him of both was a violation of his double jeopardy protections. Generally, a person can not be convicted of two offenses based on the same conduct. For example, the State will often charge someone with first and second degree murder, but the jury has to decide which one, if either was committed. You can’t convict someone of both. In this case, the Court held that the two offenses are not mutually exclusive, and Cross could be convicted of both. However, Cross’s conviction for reckless endangerment ended up being reversed because of other error.

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