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Court Overrules ‘Same Conduct’ Test


In U.S. v. Dixon, the U.S. Supreme Court overrules its 1990 holding in Grady v. Corbin that the double jeopardy provision prohibits prosecutions for multiple crimes when the “same conduct” by the defendant is the basis for those charges. In Dixon, the Court rules that the 1932 Blockburger decision’s “same elements” test is the only one that matters when deciding whether the double jeopardy clause is violated.