New Hampshire v. Leavitt
Annotate this CaseDefendant Todd Leavitt appealed his convictions by jury on two counts of simple assault on a police officer. In 2010, the defendant called 9-1-1 and told the dispatcher that he was suicidal and needed an ambulance. Because the defendant said he was uninjured, the dispatcher sent the police to his residence. The defendant became agitated when the police arrived instead of an ambulance, "screaming and shouting" and asserting that he did not want them to be there. The police offered to drive him to the hospital, but he refused, and he began walking in the direction of the hospital. The police then decided to take him into protective custody, and, in the ensuing struggle, he kicked Officer Nicholas Alden in the leg. He again kicked Officer Alden after they arrived at the hospital. The defendant was indicted on two counts of simple assault. The charging documents were worded identically in every respect except as to the "Charge ID" number and the designation as either "Count 1" or "Count 2." The defendant moved to dismiss, arguing that the jury could not "differentiate what evidence goes to which [indictment]," in violation of double jeopardy principles. The trial court denied his motion and, after a trial, a jury returned guilty verdicts on both indictments. The Supreme Court agreed with the State that defendant's convictions did not violate the federal Double Jeopardy Clause, and affirmed defendant's convictions.
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