State v. Thomason
Annotate this CaseIn 2014, the Supreme Court vacated Defendant’s conviction of aggravated theft by deception, holding that the State failed to prove all the elements of the offense. The State subsequently brought new charges against Defendant for forgery and offering false or forged instruments for filing, registering, or recording in a public office. Defendant moved to dismiss the charges, asserting that double jeopardy, collateral estoppel, and res judicata barred the State’s subsequent prosecution because the State had a full and fair opportunity to litigate the newly-indicted charges during the first trial. Defendant further asserted that the indictment should be dismissed for improper venue. The circuit court denied the motion to dismiss, and a jury subsequently found Defendant guilty of all charges. The Supreme Court affirmed, holding (1) because the newly-indicted charges were separate and distinct from the charges dismissed in the first trial, the State was not precluded from retrying Defendant under double jeopardy and res judicata principles; and (2) there was sufficient evidence for the jury to have concluded that venue was proper on all charges.
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