Wednesday, March 4, 2015

KYSC - Goodman - Double Jeopardy TBUT/Robbery

Steven Cole Goodman v.Commonwealth, 2013-SC-000813, rendered February 19, 2015, TO BE PUBLISHED, Affirmed in Part, Vacated in Part and Remanding

The Supreme Court vacated Goodman’s convictions of Theft by Unlawful Taking as he was also convicted of Robbery in relation to those victims and as theft is an element of Robbery, the dual convictions violated the Double Jeopardy clause and the lesser offense must fall.  The Court did uphold the concomitant convictions of Robbery in the First-degree and Assault in the First-degree, reasoning that each offense contained an element that the other did not, in accord with Blockburger v. United States.  Mr. Goodman’s thirty year sentence stands as the sentences assessed for the Theft convictions were to be served concurrent to the Robbery convictions.  

Contributed by Linda Horsman