No. 20-5999

Sonya Porter v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2020-10-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: continuous-crime criminal-procedure double-jeopardy fifth-amendment plea-bargaining prosecution welfare-fraud
Key Terms:
FifthAmendment DueProcess Jurisdiction JusticiabilityDoctri
Latest Conference: 2020-11-06
Question Presented (from Petition)

Where a state criminal rule allows for dismissal of a case on the merits rather than via conviction or acquittal, is this sufficient to trigger protection of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution and bar a second subsequent prosecution and associated punishment for acts part of the same continuous crime that the prosecution knew of prior to resolution of the first case?

Question Presented (AI Summary)

Where a state criminal rule allows for dismissal of a case on the merits rather than via conviction or acquittal, is this sufficient to trigger protection of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution and bar a second subsequent prosecution and associated punishment for acts part of the same continuous crime that the prosecution knew of prior to resolution of the first case?

Docket Entries

2020-11-09
Petition DENIED.
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-10-19
Waiver of right of respondent Commonwealth of Pennsylvania to respond filed.
2020-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2020)

Attorneys

Commonwealth of Pennsylvania
Francesco L. NepaAllegheny County Office of the District Attorney, Respondent
Sonya Porter
Steven Anthony TehovnikAllegheny County Office of the Public Defender, Petitioner