SynopsisBackground: Following his conviction, pursuant to guilty plea, of two counts of driving while intoxicated with a child passenger under 15 years of age, for which he was sentenced to ten years on each count, to run concurrently, applicant filed pro se application for writ of habeas corpus alleging that conviction on both counts violated double jeopardy. Application was forwarded from the 369th District Court, Cherokee County, and the Court of Criminal Appeals, 2020 WL 5650834, concluded that applicant alleged facts that, if true, might entitle him to relief, and remanded for findings of fact and conclusions of law as to whether applicant was sentenced to multiple punishments in violation of the Double Jeopardy Clause. On remand, the District Court agreed with applicant and recommended that the second count be vacated. The Court of Criminal Appeals, 2021 WL 476471, filed and set case to determine the appropriate unit of prosecution for offenses under the statute of conviction.Holding: The Court of Criminal Appeals, Keller, P.J., held that proper unit of prosecution for offense is each act of driving, not each child occupant.

Last year Joshua Katz, a popular Princeton classics professor, wrote an article critical of a letter published by a group of Princeton faculty on race. In response The Daily Princetonian, a student newspaper, spent seven months investigating his past relationships with students, eventually convincing university officials to relitigate incidents from years earlier that had already been adjudicated—a classic breach of James Madison’s belief that no one should be punished for the same thing twice. The Daily Princetonian investigation looks more like an attempt to ostracize a professor guilty of wrong-think than an attempt to bring resolution to a case of alleged misbehavior.