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Prosecutors Urge Judge to Reject Clancy Dismissal Motion
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- Blockburger v. United States (1932), authored by Justice Oliver Wendell Holmes, created the “same-elements” test that bars successive prosecutions when each offense lacks a distinct element (284 U.S. 299). The rule was later applied to state law in Brown v. Ohio (1977). Today, Massachusetts prosecutors challenge defense lawyer Kevin Reddington’s double-jeopardy claim in Lindsay Clancy’s post-mistrial murder case, invoking Blockburger’s legacy.
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