State v. Huff
Annotate this CaseHerchel Huff was driving a motor vehicle when he struck and killed a pedestrian. Huff was convicted of several charges in connection with the accident, including manslaughter and motor vehicle homicide. The primary issue on appeal was whether Huff's convictions for manslaughter and motor vehicle homicide violated the Double Jeopardy Clauses of the state and federal Constitutions because, as Huff argued, manslaughter is a lesser-included offense of motor vehicle homicide. The Supreme Court affirmed in part and in part vacated, holding that, under Blockburger v. United States, unlawful act manslaughter is a lesser-included offense of motor vehicle homicide, and therefore, Huff was subjected to multiple punishments in violation of the Double Jeopardy Clause. The Court then vacated Huff's conviction and sentence for manslaughter and remanded for resentencing.
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