'Supreme Court begins new term in shadow of Kavanaugh fight'
One of the most interesting cases on the docket this fall is Gamble v. United States. On the surface, it is a technical case concerning the double jeopardy provision of the Fifth Amendment that says no person should be tried for the same offense twice in federal court.
Supreme Court precedent holds however, that one can be tried for the same offense in state and federal courts because, for purposes of the Constitution, the state and federal governments are separate sovereigns possessing their own authority, and so are not exercising the same prosecutorial power even when trying the same individual for the same offense. It is known as the "dual sovereignty exception."
The case concerns Terance Martez Gamble, who was convicted in 2008 for second-degree robbery in Alabama. Both federal and state law prohibited him from every having a handgun again.
Four years later, however, he was pulled over for a broken taillight and police found a handgun in his car.
He was prosecuted under state and federal law.
He argues he was subject to two convictions and two sentences for a single offense of being a felon in possession of a firearm and, as such, must spend three additional years in prison. "The Double Jeopardy Clause bars that result," his lawyers argue.
The case could have nationwide implications with respect to the ability of state and local prosecutors to also try those convicted (or acquitted) of federal crimes. But some point out that it could have an impact for Trump and the pardon power.
amp.cnn.com/cnn/2018/10/01/politics/supreme-court-term-first-day-kavanaugh/index.html?__twitter_impression=true