David J. Tatara v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.
1. Does a conviction of a crime submitted to the jury through a
superseding information filed after jeopardy attached and after the court granted
judgment of acquittal on the original charged offenses violate the prohibition
against Double Jeopardy?
2. Does the submission to the jury of a previously-uncharged crime
containing a new element after the close of evidence violate a defendant's right to
due process?
Does a conviction of a crime submitted to the jury through a superseding information filed after jeopardy attached and after the court granted judgment of acquittal on the original charged offenses violate the prohibition against Double Jeopardy?