Justices Mull Double Jeopardy Test in Fatal New York Robbery

Oct. 7, 2025, 7:55 PM UTC

The Supreme Court considered whether two sections of a statute can be used to impose separate “cumulative” punishments—one for carrying a gun during a violent crime, the other for its use at the same time to kill someone—without violating double-jeopardy protections.

Justices across the ideological spectrum sought mostly at argument on Tuesday to interpret congressional intent. A number of circuit courts have split on cumulative sentences, likely prompting the Supreme Court review.

“Congress knows how to order multiple punishments for a lethal shooting when it wants to. It has not done so here,” said Matthew Larsen of the Federal Defenders ...

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