When Aggravated Murder Charge Is Premised on Prior Attempt, May Defendant Be Tried on Both Charges?
State of Ohio v. William Calhoun, Case no. 2009-2324 8th District Court of Appeals (Cuyahoga County) ISSUE: If a jury finds a defendant guilty of aggravated murder based on the “mass murder” specification that he killed the victim as part of a course of conduct involving a prior attempted murder, does the principle of double jeopardy bar the state from later prosecuting the same defendant for the prior attempted murder that was the basis for the “mass murder” specification? BACKGROUND: In October 2006, William Calhoun of Cleveland shot Curtis Johnson three times. Johnson survived the attack and identified Calhoun as his assailant. Calhoun was subsequently indicted by a Cuyahoga County grand jury for attempted murder, felonious assault and possession of a weapon while under disability. In March 2007, shortly before his scheduled trial on those charges, Calhoun shot Johnson again, this time killing him. In a new indictment, Calhoun was charged with aggravated murder based on the specific
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