Patrick Mirandy, Warden v. Gregg Smith
Case Number:
14-1255
Case Date:
12-01-2016
Case Issue:
Petitioner appeals the Circuit Court of Ritchie County’s November 7, 2014, order, granting, in part, respondent’s amended omnibus petition for writ of habeas corpus. The circuit court ruled that respondent’s convictions for malicious assault (involving a firearm) and wanton endangerment (involving a firearm) violated respondent’s constitutional protections against double jeopardy because both convictions arose from a single volitive act. Petitioner argues that respondent’s convictions for malicious assault and wanton endangerment do not constitute double jeopardy, as the malicious assault and wanton endangerment convictions relate to two different victims.