martybegan
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- Apr 5, 2010
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It looks like the Court will review the ability of the government to get two bites at the apple via federal and state jurisdiction.
Dual Sovereign Doctrine Under Attack in the Supreme Court
It seems that the expansion in the last few decades of Federal Law, and it's overlap with State laws has seen the court re-visit the concept for the first time since the 50's.
Also interesting is the two justices who seem to have the biggest axes to grind with double dipping are Thomas and Ginsberg.
Dual Sovereign Doctrine Under Attack in the Supreme Court
Today the Supreme Court will hear arguments in Gamble v. United States, a case raising the issue of whether the "dual sovereignty" doctrine should be overruled. The case involves Terance Gamble's federal conviction for being a felon in possession of a firearm. Back in 2015, police stopped Gamble for having a broken tail light and found him possessing a firearm. Because he had previously been convicted of robbery, Gamble was thus a felon in possession of a firearm -- a crime under both federal and state law.
It seems that the expansion in the last few decades of Federal Law, and it's overlap with State laws has seen the court re-visit the concept for the first time since the 50's.
Also interesting is the two justices who seem to have the biggest axes to grind with double dipping are Thomas and Ginsberg.