State v. Johnson

1 Citing case

  1. State v. Johnson

    330 Ark. 636 (Ark. 1997)   Cited 5 times
    Noting that, according to the "dual sovereignty doctrine," the defendant who in a single act violates the peace and dignity of two sovereigns by breaking laws of each has committed two distinct offenses

    This is the second interlocutory appeal brought by the State in the same case. In State v. Johnson, 326 Ark. 660, 934 S.W.2d 499 (1996), we held that the trial court erred in suppressing appellee John Edward Johnson's confession on the basis that he was denied the right to counsel of his own choosing to be present during an in-custody interrogation and reversed and remanded his case. In the present appeal, the State contends that the trial court erred in dismissing its charges against Johnson on the grounds that double-jeopardy principles barred state prosecution of an offense where the criminal conduct underlying the offense was utilized to enhance punishment for a separate, but related federal conviction.