United States v. Dixon

Facts

This case combines two different cases. In both of these cases, Ds were tried for criminal contempt of court for violating court orders that prohibited them from engaging in conduct that was later the subject of a criminal prosecution. In both cases, a court issued an order directing a particular individual not to commit criminal offenses. 

Dixon (D) was arrested for second-degree murder and was released on bond. While awaiting trial, D was arrested and indicted for possession of cocaine with intent to distribute. The court issued an order requiring D to show cause why he should not be held in contempt or have the terms of his pretrial release modified. At the show-cause hearing, four police officers testified. D's counsel cross-examined them and introduced other evidence. The court concluded that the Government had established “‘beyond a reasonable doubt that D was in possession of drugs and that those drugs were possessed with the intent to distribute.’” D was found guilty of criminal contempt and sentenced to 180 days in jail. He later moved to dismiss the cocaine indictment on double jeopardy grounds; the trial court granted the motion. 

Foster's (D1) estranged wife Ana obtained a civil protection order (CPO). D1 consented to the order, and it required that he not “‘molest assault, or in any manner threaten or physically abuse’” Ana Foster. Ana filed three separate motions to have her husband held in contempt for numerous violations of the CPO. The court held a 3-day bench trial. The United States was not represented at trial, although the United States Attorney was aware of the action, as was the court aware of a separate grand jury proceeding on some of the alleged criminal conduct. The court granted D1's motion for acquittal on various counts. D1 then took the stand and generally denied the allegations. The court found guilt beyond a reasonable doubt on four counts of criminal contempt. The United States Attorney's Office later obtained an indictment charging D1 with a number of crimes that were based on the alleged events for which D1 was acquitted of contempt. D1 filed a motion to dismiss, claiming a double jeopardy bar to all counts, and also collateral estoppel as to Counts II-IV. The trial court denied the double jeopardy claim and did not rule on the collateral-estoppel assertion. 

The Government (P) appealed the double jeopardy ruling in Dixon (D), and Foster (D1) appealed the trial court's denial of his motion. The District of Columbia Court of Appeals consolidated the two cases, reheard them en banc, and ruled that both subsequent prosecutions were barred by the Double Jeopardy Clause.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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