Commonwealth v. Davis
Annotate this CaseDefendant was charged with first-degree murder, maliciously shooting into an occupied vehicle, use of a firearm in the commission of a felony, and reckless handling of a firearm, a misdemeanor. After a trial on the misdemeanor charge and a preliminary hearing on the felonies, the general district court dismissed the misdemeanor reckless handling of a firearm charge and refused to certify Defendant’s felony charges to the circuit court for lack of probable cause. The Commonwealth subsequently obtained direct indictments charging Defendant with first-degree murder and attempted first-degree murder. After a jury trial, Defendant was convicted of the charges. The Court of Appeals reversed Defendant’s convictions and dismissed the indictments, holding that the Commonwealth was collaterally estopped from prosecuting Defendant for murder or attempted murder after Defendant’s acquittal of reckless handling of a firearm. The Supreme Court affirmed, holding that because Defendant’s misdemeanor acquittal and subsequent felony convictions were based on the same issue of ultimate fact, the felony convictions were barred by the prohibition of double jeopardy.
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