Marshall v. Bristol Superior Court, No. 13-1965 (1st Cir. 2014)
Annotate this CasePetitioner was convicted as an accessory before the fact to George Carpenter’s murder. The Massachusetts Supreme Judicial Court (SJC) reversed the conviction, concluding that the indictment charging Petitioner improperly defined the offense on which he was tried. The Commonwealth subsequently indicted Petitioner for the murder of Carpenter. Petitioner moved to dismiss the indictment, arguing that the second prosecution was barred by double jeopardy as incorporated against the states. The SJC affirmed the trial judge’s denial of Petitioner’s motion, concluding that its earlier reversal had been based on a variance between the crime charged and the crime proved at trial under state law, and a second prosecution under these facts did not give rise to a double jeopardy problem. Petitioner filed a petition for habeas relief, claiming that his pending prosecution was barred by double jeopardy. The district court granted the petition. The First Circuit reversed, holding that under Tibbs v. Florida, the SJC’s interpretation of its earlier reversal and the requirements of Massachusetts law bound the Court, and therefore, Petitioner’s double jeopardy argument necessarily failed.
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