State v. Robertson, 2017 UT 27 (May 15, 2017)
May 15, 2017
Overruling a prior interpretation of Utah Code section 76-1-404, the court formally abandoned the “dual sovereignty doctrine,” which had permitted subsequent criminal prosecutions by different sovereigns for the same offense. In doing so, the court determined that the Blockburger-Sosa test was the appropriate standard for determining whether section 76-1-404 operated as a bar to subsequent prosecution. The court then held that 76-1-404 barred a state prosecution for sexual exploitation of a minor where the federal government had already convicted the defendant based on the same offense and same conduct.