Blawgletter doesn't often visit the realm of criminal jurisprudence, but we couldn't help but notice yesterday's ruling in United States v. Hope, No. 07-60769 (5th Cir. Oct. 8, 2008). The court there addressed whether the double jeopardy clause barred prosecution of Danny Hope for two counts of possessing a handgun (a .380 caliber Walther). Mr. Hope used the gat, first, to rob a convenience store and, second, still had it under his car seat a day later (after a high speed chase that started when a police officer noticed the vehicle had a headlight out). The court held that Mr. Hope's conviction on both counts did, indeed, constitute double jeopardy; vacated the conviction; and remanded for resentencing on just one of the counts.
