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Nevilledog

(51,101 posts)
3. The Gamble decision is not as important as people think.
Wed Sep 26, 2018, 09:18 PM
Sep 2018

The case has to do with successive prosecutions for the exact same charges. This case has no effect on state charges as long as the do not rely on the exact same evidence.


Gamble was a prohibited possessor. He was arrested and convicted in state court as such. Immediately after the state conviction Gamble was indicted as a prohibited possessor pursuant to Fed law for the exact same incident. The appellant, Gamble, is arguing that two prosecutions for the same event is double jeopardy even though the convictions are from separate jurisdictions. It's important to note that the Federal Government, the DOJ is arguing that these types of prosecutions are NOT DOUBLE JEOPARDY.


In my 27 year legal career it was very rare to see successive prosecutions like this. Usually the state was more than willing to let the Feds bear the cost of prosecution and incarceration.

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