Blockburger test in Pennsylvania

1993The Court explicitly stated that the “subsequent prosecution must do more than merely survive the Blockburger test.” Grady v. Corbin, supra, 495 U.S. at 521 , 110 S.Ct. at 2087 , 109 L.Ed.2d at 564 .

1993The Court explicitly stated that the “subsequent prosecution must do more than merely survive the Blockburger test.” Grady v. Corbin, supra, 495 U.S. at 521 , 110 S.Ct. at 2087 , 109 L.Ed.2d at 564 .

2022Applying the Blockburger test “requires a comparison of the elements of the offenses to determine whether each offense requires proof of a fact which the other does not.” Commonwealth v. Caufman, 662 A.2d 1050, 1052 (Pa. Super. 1995) (some punctuation omitted).

2022Applying the Blockburger test “requires a comparison of the elements of the offenses to determine whether each offense requires proof of a fact which the other does not.” Commonwealth v. Caufman, 662 A.2d 1050, 1052 (Pa. Super. 1995) (some punctuation omitted).

2019See Commonwealth v. Baldwin, 985 A.2d 830 , 837 n.6 (Pa. 2009); Commonwealth v. Wade, 33 A.3d 108, 120 (Pa. Super. 2011) (“Our merger statute merely codified the adoption by the Tarver/[Commonwealth v. Anderson, 650 A.2d 20 (Pa. 1994)] decisions of the Blockburger test and upholds the long-standing merger doctrine relative to greater and lesser-included offenses.”).

2019See Commonwealth v. Baldwin, 985 A.2d 830 , 837 n.6 (Pa. 2009); Commonwealth v. Wade, 33 A.3d 108, 120 (Pa. Super. 2011) (“Our merger statute merely codified the adoption by the Tarver/[Commonwealth v. Anderson, 650 A.2d 20 (Pa. 1994)] decisions of the Blockburger test and upholds the long-standing merger doctrine relative to greater and lesser-included offenses.”).

2007See Caufman, supra, 541 Pa. at 303-04 , 662 A.2d at 1052 . ¶ 28 Although Appellant is correct that the United States Supreme Court observed in Albernaz v. United States, 450 U.S. 333 , 101 S.Ct. 1137 , 67 L.Ed.2d 275 (1981), that the Blockburger test is a rule of statutory construction that does not bind state supreme courts, Appellant over states the impact of that statement on the law of this Commonwealth when he asserts that the Pennsylvania Supreme Court abandoned the Blockburger test in Commonwealth v. Burkhardt, 526 Pa. 341 , 586 A.2d 375 (1991).

2007See Caufman, supra, 541 Pa. at 303-04 , 662 A.2d at 1052 . ¶ 28 Although Appellant is correct that the United States Supreme Court observed in Albernaz v. United States, 450 U.S. 333 , 101 S.Ct. 1137 , 67 L.Ed.2d 275 (1981), that the Blockburger test is a rule of statutory construction that does not bind state supreme courts, Appellant over states the impact of that statement on the law of this Commonwealth when he asserts that the Pennsylvania Supreme Court abandoned the Blockburger test in Commonwealth v. Burkhardt, 526 Pa. 341 , 586 A.2d 375 (1991).

2015It' later clarified, however, “that the Blockburger test applies only in tlie multiple punishment context as a rule of statutory construction, to be utilized only when the legislature has not indicated whether punishment for separate offenses is cumulative.” Baldwin, 985 A.2d at 836 , citing Whalen v. United States, 445 U.S. 684, 691-692 , 100 S.Ct. 1432 , 63 L.Ed.2d 715 (1980).

2015It' later clarified, however, “that the Blockburger test applies only in tlie multiple punishment context as a rule of statutory construction, to be utilized only when the legislature has not indicated whether punishment for separate offenses is cumulative.” Baldwin, 985 A.2d at 836 , citing Whalen v. United States, 445 U.S. 684, 691-692 , 100 S.Ct. 1432 , 63 L.Ed.2d 715 (1980).

2023“The focus, then, is on the offense(s) for which the defendant was actually held in contempt.” Id. 9 Blockburger v. United States, 284 U.S. 299 (1932). 9 J-A08038-23 Unlike civil contempt, which does not implicate double jeopardy, where a party is found in direct criminal or indirect criminal contempt, double jeopardy will attach if the Blockburger test is met.

2023“The focus, then, is on the offense(s) for which the defendant was actually held in contempt.” Id. 9 Blockburger v. United States, 284 U.S. 299 (1932). 9 J-A08038-23 Unlike civil contempt, which does not implicate double jeopardy, where a party is found in direct criminal or indirect criminal contempt, double jeopardy will attach if the Blockburger test is met.

1986However, "[t'he Blockburger test is a `rule of statutory construction' and because it serves as a means of discerning congressional purpose the rule should not be controlling where, for example, there is a clear indication of contrary legislative intent." Missouri v. Hunter, 459 U.S. 359, 367 , 103 S.Ct. 673, 678 , 74 L.Ed.2d 535 (1983), citing Albernaz v. United States, 450 U.S. 333, 340 , 101 S.Ct. 1137, 1143 , 67 L.Ed.2d 275 (1981).

1986However, "[t'he Blockburger test is a `rule of statutory construction' and because it serves as a means of discerning congressional purpose the rule should not be controlling where, for example, there is a clear indication of contrary legislative intent." Missouri v. Hunter, 459 U.S. 359, 367 , 103 S.Ct. 673, 678 , 74 L.Ed.2d 535 (1983), citing Albernaz v. United States, 450 U.S. 333, 340 , 101 S.Ct. 1137, 1143 , 67 L.Ed.2d 275 (1981).

1987“If each requires proof of a fact that the other does not, the Blockburger test is satisfied [and double jeopardy is not violated] notwithstanding a substantial overlap in the proof offered to establish the crimes....” Brown v. Ohio, 432 U.S. 161, 166 , 97 S.Ct. 2221, 2226 , 53 L.Ed.2d 187, 194 (1977).

1987“If each requires proof of a fact that the other does not, the Blockburger test is satisfied [and double jeopardy is not violated] notwithstanding a substantial overlap in the proof offered to establish the crimes....” Brown v. Ohio, 432 U.S. 161, 166 , 97 S.Ct. 2221, 2226 , 53 L.Ed.2d 187, 194 (1977).

2012See Commonwealth v. Burkhardt, 526 Pa. 341 , 586 A.2d 375, 377 (1991) (“[W]e are not bound by the Blockburger test in construing our own criminal statutes.”) (citations omitted).

2012See Commonwealth v. Burkhardt, 526 Pa. 341 , 586 A.2d 375, 377 (1991) (“[W]e are not bound by the Blockburger test in construing our own criminal statutes.”) (citations omitted).

1991Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1930), which held “the applicable rule is that where the same actor transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not.” In Ianelli v. United States, 520 U.S. 770 , 785 n.17, 95 S.Ct, 1284 , 1294 n.17, 43 L.Ed. 2d 616 , 627 n.17 (1975), the court said: “If each [offense as statutorily defined] requires proof of a fact that the other

1991Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1930), which held “the applicable rule is that where the same actor transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not.” In Ianelli v. United States, 520 U.S. 770 , 785 n.17, 95 S.Ct, 1284 , 1294 n.17, 43 L.Ed. 2d 616 , 627 n.17 (1975), the court said: “If each [offense as statutorily defined] requires proof of a fact that the other

2019See Commonwealth v. Baldwin, 985 A.2d 830 , 837 n.6 (Pa. 2009); Commonwealth v. Wade, 33 A.3d 108, 120 (Pa. Super. 2011) (“Our merger statute merely codified the adoption by the Tarver/[Commonwealth v. Anderson, 650 A.2d 20 (Pa. 1994)] decisions of the Blockburger test and upholds the long-standing merger doctrine relative to greater and lesser-included offenses.”).

2019See Commonwealth v. Baldwin, 985 A.2d 830 , 837 n.6 (Pa. 2009); Commonwealth v. Wade, 33 A.3d 108, 120 (Pa. Super. 2011) (“Our merger statute merely codified the adoption by the Tarver/[Commonwealth v. Anderson, 650 A.2d 20 (Pa. 1994)] decisions of the Blockburger test and upholds the long-standing merger doctrine relative to greater and lesser-included offenses.”).

1995See Commonwealth v. Britcher, 386 Pa.Super. 515 , 563 A.2d 502 (1989), aff'd, 527 Pa. 411 , 592 A.2d 686 (1991) (court’s double jeopardy analysis limited to application of Blockburger “same elements” test); Commonwealth v. Swavely, 382 Pa.Super. 59 , 554 A.2d 946 (1989) (court applied “same elements” test); Commonwealth v. Williams, 344 Pa.Super. 108 , 496 A.2d 31 (1985) (court applied Blockburger test); Commonwealth v. Maddox, 307 Pa.Super. 524 , 453 A.2d 1010 (1982) (“same elements” test applied by court).

1995See Commonwealth v. Britcher, 386 Pa.Super. 515 , 563 A.2d 502 (1989), aff'd, 527 Pa. 411 , 592 A.2d 686 (1991) (court’s double jeopardy analysis limited to application of Blockburger “same elements” test); Commonwealth v. Swavely, 382 Pa.Super. 59 , 554 A.2d 946 (1989) (court applied “same elements” test); Commonwealth v. Williams, 344 Pa.Super. 108 , 496 A.2d 31 (1985) (court applied Blockburger test); Commonwealth v. Maddox, 307 Pa.Super. 524 , 453 A.2d 1010 (1982) (“same elements” test applied by court).

2025Applying the Blockburger test “requires a comparison of the elements of the offenses to determine whether ‘each [offense] requires proof of a fact which the other does not.’” Id. (citation omitted).

2025Applying the Blockburger test “requires a comparison of the elements of the offenses to determine whether ‘each [offense] requires proof of a fact which the other does not.’” Id. (citation omitted).

2022Under the Blockburger test, “where the two offenses for which the defendant is punished or tried cannot survive the ‘same-elements’ test, the double jeopardy bar applies.” United States v. Dixon, 509 U.S. 688, 696 (1993).

2022Under the Blockburger test, “where the two offenses for which the defendant is punished or tried cannot survive the ‘same-elements’ test, the double jeopardy bar applies.” United States v. Dixon, 509 U.S. 688, 696 (1993).

2019See Commonwealth v. Baldwin, 985 A.2d 830 , 837 n.6 (Pa. 2009); Commonwealth v. Wade, 33 A.3d 108, 120 (Pa. Super. 2011) (“Our merger statute merely codified the adoption by the Tarver/[Commonwealth v. Anderson, 650 A.2d 20 (Pa. 1994)] decisions of the Blockburger test and upholds the long-standing merger doctrine relative to greater and lesser-included offenses.”).

2019See Commonwealth v. Baldwin, 985 A.2d 830 , 837 n.6 (Pa. 2009); Commonwealth v. Wade, 33 A.3d 108, 120 (Pa. Super. 2011) (“Our merger statute merely codified the adoption by the Tarver/[Commonwealth v. Anderson, 650 A.2d 20 (Pa. 1994)] decisions of the Blockburger test and upholds the long-standing merger doctrine relative to greater and lesser-included offenses.”).

1992The intent of the double jeopardy provisions is to prevent courts from imposing, and prosecutors from seeking, more than one punishment under a particular legislative enactment, and, where consecutive sentences are imposed at a single trial, to prevent the court from exceeding its legislative authorization by imposing multiple punishments for the same offense. ... [T]he Blockburger test is merely a tool of statutory construction whereby the courts can determine whether, in the absence of legislative expression to the contrary, the legislature intended to prescribe multiple punishments under tw

1992The intent of the double jeopardy provisions is to prevent courts from imposing, and prosecutors from seeking, more than one punishment under a particular legislative enactment, and, where consecutive sentences are imposed at a single trial, to prevent the court from exceeding its legislative authorization by imposing multiple punishments for the same offense. ... [T]he Blockburger test is merely a tool of statutory construction whereby the courts can determine whether, in the absence of legislative expression to the contrary, the legislature intended to prescribe multiple punishments under tw

1990In Illinois v. Vitale, 447 U.S. 410 , 100 S.Ct. 2260 , 65 L.Ed.2d 228 (1980), the U.S. Supreme Court suggested that a prosecution that passes the Blockburger test may nevertheless face an additional hurdle.

1990In Illinois v. Vitale, 447 U.S. 410 , 100 S.Ct. 2260 , 65 L.Ed.2d 228 (1980), the U.S. Supreme Court suggested that a prosecution that passes the Blockburger test may nevertheless face an additional hurdle.

2023See Commonwealth v. Jackson, 10 A.3d 341, 345 (Pa. Super. 2010). ____________________________________________ 11 Cobb rejects prior lower courts’ interpretation of McNeil v. Wisconsin, 501 U.S. 171 (1991), as containing an exception to the offense-specific nature of the Sixth Amendment for crimes that are “factually related” to a charged offense.

2023See Commonwealth v. Jackson, 10 A.3d 341, 345 (Pa. Super. 2010). ____________________________________________ 11 Cobb rejects prior lower courts’ interpretation of McNeil v. Wisconsin, 501 U.S. 171 (1991), as containing an exception to the offense-specific nature of the Sixth Amendment for crimes that are “factually related” to a charged offense.

2023“Although it is clear that the Sixth Amendment right to counsel attaches only to charged offenses, we have recognized in other contexts that the definition of an ‘offense’ is not necessarily limited to the four corners of a charging instrument.” Texas v. Cobb at 172-73 (2001), (citing Blockburger v. United States, 284 U.S. 299, 304 (1932)). “[W]hen the Sixth Amendment right to counsel attaches, it does encompass offenses that, even if not formally charged, would be considered the same offense under the Blockburger test[,]” which provides that “where the same act or transaction constitutes a vi

2023“Although it is clear that the Sixth Amendment right to counsel attaches only to charged offenses, we have recognized in other contexts that the definition of an ‘offense’ is not necessarily limited to the four corners of a charging instrument.” Texas v. Cobb at 172-73 (2001), (citing Blockburger v. United States, 284 U.S. 299, 304 (1932)). “[W]hen the Sixth Amendment right to counsel attaches, it does encompass offenses that, even if not formally charged, would be considered the same offense under the Blockburger test[,]” which provides that “where the same act or transaction constitutes a vi

2020See Jones, 912 A.2d at 818-19 (OAJC).

2020See Jones, 912 A.2d at 818-19 (OAJC).

2011See Leonard v. Smith, 454 Pa.Super. 51 , 684 A.2d 622 (1996) (holding that double jeopardy inquiry concerns itself with the specific offenses at issue in the contempt proceeding rather than the ICC charge in general).

2011See Leonard v. Smith, 454 Pa.Super. 51 , 684 A.2d 622 (1996) (holding that double jeopardy inquiry concerns itself with the specific offenses at issue in the contempt proceeding rather than the ICC charge in general).