People v. Wood
New York Court of Appeals
95 N.Y.2d 509 (2000)
- Written by Haley Gintis, JD
Facts
In 1996, the ex-wife of Timothy Wood (defendant) received two different orders of protection against him to prohibit all contact. The first order of protection was issued by the city court. The second order of protection was issued by the family court. Wood violated the orders by prank calling his ex-wife. The family court prosecuted Wood for violating the family-court order. Wood was found guilty of family-court contempt and sentenced to six months of incarceration. The State of New York (plaintiff) then charged Wood with first-degree criminal contempt for violating the city-court order of protection for the phone calls. Wood moved to dismiss the case on the ground that the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution barred the indictment. The state argued that the Double Jeopardy Clause was not implicated because the state was prosecuting Wood for violating a different order of protection. The motion was denied. Wood was found guilty. Wood appealed the conviction. The appellate division reversed the conviction. The matter was appealed to the New York Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Wesley, J.)
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