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State of Ohio v. Travis Soto, Case No. 2018-0416
Third District Court of Appeals (Putnam County)
ISSUES:
- Under the "same offense" test established in the U.S. Supreme Court's 1932 decision in Blockburger v. United States, is involuntary manslaughter with an underlying offense of child endangering the same offense for double jeopardy consideration as aggravated murder or murder with a felonious assault underlying offense?
- Does the discovery of additional facts not known earlier despite the exercise of due diligence act as an exception to Blockburger that allows subsequent prosecution on a new charge?
- Did defendant reasonably believe that a negotiated plea deal would bar subsequent prosecutions for any greater offense related to the same factual scenario?
Third District Court of Appeals (Putnam County)
ISSUES:
- Under the "same offense" test established in the U.S. Supreme Court's 1932 decision in Blockburger v. United States, is involuntary manslaughter with an underlying offense of child endangering the same offense for double jeopardy consideration as aggravated murder or murder with a felonious assault underlying offense?
- Does the discovery of additional facts not known earlier despite the exercise of due diligence act as an exception to Blockburger that allows subsequent prosecution on a new charge?
- Did defendant reasonably believe that a negotiated plea deal would bar subsequent prosecutions for any greater offense related to the same factual scenario?
March 6, 2019