A couple of days ago, Ed Morrissey touched on the upcoming double jeopardy case the Supreme Court will consider, specifically focusing on how it might impact Paul Manafort’s prosecution. (Ed also had a preview of the court challenge back in June.) But the case of Gamble v. United States is a fascinating one in and of itself, even absent the question of whether or not it might impact the Manafort case.
The Gamble case might seem like small potatoes at first glance. It deals a convicted felon who was found to have a handgun in his car. He was subsequently tried and convicted in both state and federal court for the same crime. The only reason the two courts could get away with this without running afoul of the constitutional ban on double jeopardy is what’s known as the Separate Sovereigns rule. The court created this standard in the 1922 case of United States v. Lanza (a prohibition rum-running charge) and upheld it in their 1959 decision in Abbate v. United States.