Blake v. State
65 A.3d 557
Del.2013Background
- Blake was arrested after police found cocaine and heroin in his possession and at his residence.
- At trial, Blake was convicted of Possession with intent? Actually Possession of Cocaine and Possession of Heroin (lesser-included offenses); Trafficking and Maintaining a Vehicle charges were unresolved.
- Prosecutor re-indicted Blake for Trafficking in Cocaine and Trafficking in Heroin based on the same contraband.
- Blake argued the Double Jeopardy Clause barred a second prosecution for Trafficking based on the same conduct.
- Superior Court convictions on Trafficking were entered after a second trial; Blake appealed.
- Court held that Double Jeopardy barred the second Trafficking prosecutions and remanded to vacate those convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Double Jeopardy bar the second Trafficking prosecutions? | Blake claims same conduct used for Possession supports Trafficking charges. | State contends conviction/indictment allowed and not barred by Double Jeopardy. | Yes; Double Jeopardy bars second Trafficking prosecutions. |
| Is Blueford controlling over McRae/Hickman here? | State relies on Blueford to permit retrial after hung verdict on Trafficking. | Blake argues Blueford applies; or that Brown controls with single-conduct logic. | Blueford inapposite; Brown governs. |
| What standard of review applies to unraised double jeopardy claim? | Issue raised on appeal; plain error applies. | Standard unchanged; not warranted to apply plain error. | Plain error standard applied; double jeopardy violation deemed plain error. |
Key Cases Cited
- Brown v. Ohio, 432 U.S. 161 (U.S. 1977) (double jeopardy bars successive prosecution for greater and lesser included offenses)
- McRae v. State, 782 A.2d 265 (Del. 2001) (dual convictions for Trafficking and Possession violate double jeopardy)
- Hickman v. State, 801 A.2d 10 (Del. 2002) (conviction for greater and lesser included offenses violates double jeopardy)
- Blueford v. Arkansas, 132 S. Ct. 2044 (S. Ct. 2012) (retrial after hung jury on all charges; not controlling here)
- Turner v. State, 5 A.3d 612 (Del.2010) (review limitations for questions not fairly presented)