GRIMES v. STATE

No. 73, 2017.

188 A.3d 824 (2018)

Russell GRIMES, Appellant, v. STATE of Delaware, Appellee.

Supreme Court of Delaware.

Decided: June 12, 2018.


Attorney(s) appearing for the Case

Russell Grimes, pro se, Smyrna, Delaware.

John Williams, Esquire (argued), Delaware Department of Justice, Dover, Delaware, Counsel for Appellee.

Craig A. Karsnitz, Esquire (argued), Young Conaway Stargatt & Taylor, LLP, Georgetown, Delaware, Amicus Curiae on behalf of Appellant.1

Before STRINE, Chief Justice; SEITZ and TRAYNOR, Justices.


If a defendant is convicted by a jury of one offense, but acquitted — in the same verdict — of a lesser-included offense, and the conviction on the greater offense is vacated on appeal, does the acquittal on the lesser offense prevent the State, under the Double Jeopardy Clause, from retrying the defendant for the...

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