Jones v. State
114 A.3d 256
Md. Ct. Spec. App.2015Background
- Around midnight on Aug. 20, 2010, Julian Kelly was beaten, robbed, and shot multiple times; he later died. Tyshon Jones was identified as one of the assailants.
- Jones was tried on counts including first-degree murder, first-degree felony murder, second-degree murder (intent to inflict serious bodily harm), armed robbery, robbery, and use of a handgun in a felony; the jury acquitted him of first-degree murder, second-degree murder (intent), robbery, and armed robbery, but was deadlocked on first-degree felony murder and the handgun-use charge, prompting a mistrial on those counts.
- The State abandoned retrial on first-degree felony murder (because first-degree assault is not a predicate for first-degree felony murder) but sought to retry Jones for second-degree felony murder predicated on first-degree assault; the trial court ruled that charge was still pending and retrial would not be barred by double jeopardy.
- Jones appealed interlocutorily, arguing double jeopardy barred prosecution for second-degree felony murder based on first-degree assault because he had been acquitted of second-degree murder (intent to inflict serious bodily harm), and that the two offenses are the same under the required-evidence test.
- The Court of Special Appeals analyzed the elements of the two offenses and concluded that every element of second-degree murder (intent to inflict serious bodily harm) is contained within second-degree felony murder predicated on first-degree assault, so the offenses are the same for double jeopardy purposes; retrial on that felony-murder charge was barred.
Issues
| Issue | Plaintiff's Argument (Jones) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether double jeopardy bars retrial on second-degree felony murder based on first-degree assault after acquittal of second-degree murder (intent to inflict serious bodily harm). | Acquittal on second-degree murder (intent) bars retrial on second-degree felony murder based on first-degree assault because all elements of the acquitted offense are included in the felony-murder offense (required-evidence/Blockburger test). | The felony-murder offense requires an additional element (commission of predicate first-degree assault), so it is a distinct offense and retrial is permitted. | Reversed trial court: double jeopardy bars retrial because the offenses are the same under the required-evidence test (all elements of the acquitted offense are present in the felony-murder offense). |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (establishes the required-evidence/Blockburger double jeopardy test)
- Thomas v. State, 277 Md. 257 (explaining elements/required-evidence approach to same-offense analysis)
- Holbrook v. State, 364 Md. 354 (describing required-evidence test as appropriate double jeopardy inquiry)
- Thornton v. State, 397 Md. 704 (defines types of second-degree murder, including intent-to-inflict-serious-bodily-harm variant)
- Roary v. State, 385 Md. 217 (holds first-degree assault may be predicate for second-degree felony murder when inherently dangerous to life)
- Fisher v. State, 367 Md. 218 (discusses when an underlying felony is "inherently dangerous" to permit felony-murder)