No. 19-5243

Larry Marvel v. Delaware

Lower Court: Delaware
Docketed: 2019-07-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law constitutional-protection criminal-law criminal-offense double-jeopardy double-punishment due-process legislative-definition multiple-punishments sentencing state-prosecution statutory-interpretation
Latest Conference: 2019-10-01
Question Presented (from Petition)

Where the State General Assembly legislatively defined in two separate statutes the same identical "conduct" for two criminal offenses mandating the same identical essential requirements of substance, purpose and resultant effect,

And the State charges, prosecutes, convicts and then sentences the Defendant for both offenses separately and cumulatively;

The question presented is whether that constitutes violation of the guaranteed protections provided by the Double Jeopardy Clause of Amendment "5" to the United States Constitution, prohibiting such multiple punishments for the same offense as imposed upon the State of Delaware by U.S.C.A. Const. Amend. 5, Section 1?

Question Presented (AI Summary)

Whether the Double Jeopardy Clause prohibits multiple punishments for the same offense

Docket Entries

2019-10-07
Petition DENIED.
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-25
Waiver of right of respondent Delaware to respond filed.
2019-07-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2019)

Attorneys

Delaware
Maria Teresa KnollOffice of the Attorney General State of Delaware,, Respondent
Larry Marvel
Larry D. Marvel — Petitioner