Michael N. Currier v. Commonwealth of Virginia, 779 S.E.2d 834

On March 7, 2012, a gun safe containing cash, papers, and ~20 guns was stolen from Paul Garrison’s home; the safe was later recovered in a river with destroyed lock and water-damaged guns.
Witness observed an older white pickup leaving the Garrison residence with a safe in the bed and later identified Currier as the passenger.
Co-defendant Bradley Wood (a felon) implicated Currier and testified that they broke in, removed guns, then submerged the safe.
Evidence from the truck matched the Garrison home (insulation, metal shavings) and a cigarette butt in the truck contained Currier’s DNA.
A single grand jury indicted Currier for burglary, grand larceny, and being a felon in possession of a firearm; the firearm count was severed (with defense consent).
After acquittal at the first trial on burglary and larceny, Currier was tried separately on the felon-in-possession charge, convicted, and appealed arguing collateral estoppel/double jeopardy and that other-crime evidence was unduly prejudicial.

Issue	Currier's Argument	Commonwealth's Argument	Held
Whether collateral estoppel under the Double Jeopardy Clause bars retrial on the felon-in-possession charge after acquittal on related burglary/larceny charges	Acquittal on related counts resolved ultimate facts favorably to Currier, so retrial on the firearm charge is barred	All charges were from one grand jury and the firearm count was severed with defendant’s consent to benefit him, so Ashe-type collateral estoppel concern (prosecutorial overreaching) is not present	Court affirmed: collateral estoppel does not bar retrial where charges were severed with defendant’s consent and for his benefit
Whether evidence of the burglary/larceny, police tracking, and related facts was admissible in the felon-in-possession trial	Such evidence was prejudicial and inflamed the jury; possession is a “victimless” offense so the other-crime evidence should be excluded	Evidence was relevant to explain how Currier came to possess the firearms (continuity of criminal conduct), corroborated by physical evidence and flight/avoidance, and probative value outweighed prejudice	Court affirmed: trial court did not abuse discretion in admitting the evidence; probative value exceeded prejudicial effect

Ashe v. Swenson, 397 U.S. 436 (establishes collateral estoppel component of Double Jeopardy)
Yeager v. United States, 557 U.S. 110 (acquittals can bar retrial on related counts; court explained limits of collateral estoppel when jury hung on other counts)
Hackney v. Commonwealth, 28 Va. App. 288 (requires severance of felon-in-possession counts to avoid prejudice of prior convictions)
Fullwood v. Commonwealth, 279 Va. 531 (standard of review for double jeopardy questions)
Scott v. Commonwealth, 228 Va. 519 (other-crimes evidence admissible when offenses are continuous and interwoven)
Wilson v. Commonwealth, 16 Va. App. 213 (relevance and balancing test for other-crimes evidence)
Lovitt v. Commonwealth, 260 Va. 497 (flight and avoidance are probative of guilt)