State v. Scott Munroe, unpublished opinion, App. Div. Docket No. A-5109-08T4 (March 3, 2010) – Denial of motion to dismiss charges and bar retrial reversed, case remanded for orders of dismissal.
“Application of [Yeager v. U.S., 129 S.Ct. 2360 (2009)] to the present matter satisfies us that the remaining charges against defendant arising out of the events of September 16, 2006 must be dismissed. As we have noted, in the factual circumstances presented, all of those charges require a jury finding that defendant possessed a gun that he utilized in committing the crimes at issue.
However, in the first trial, the jury acquitted defendant of both possession of a weapon for an unlawful purpose and unlawful possession of a handgun. Because of that verdict’s preclusive effect, retrial is barred. Otherwise, the finality of judgments — one of the two core values of the double jeopardy clause — will be violated.” (Kevin G. Roe)