Violation of 5th Amendment rights – I Tarik Hudgins 39, is currently incarcerated in the state of Virginia at Wallens Ridge State Prison.
On Sunday, October 1,2000, I appellate was charged with a Robbery charge that I “appellate” did rob (the victim) of U.S. Currency or other personal property, in violation of code 18.2-58.” In a bench trial on March 16,2001, in the Suffolk Circuit Court,appellate was tried on the robbery indictment and found not guilty. Before acquitting I appellate of robbery, the trial court indicated its belief that the evidence was sufficient to support a conviction for larceny from the person but that it could not convict me appellate of larceny from the person on an indictment for robbery because larceny from the person was not a lesser included offense of robbery. I Tarik H. Hudgins (appellate) appeals from his bench trial conviction for grand larceny from the person in violation of code 18.2-95(i). On appeal, appellate contends the trial court erroneously ruled that his trial and conviction for grand larceny from the person did not violate double jeopardy principles in light of my previous acquittal on an indictment for robbery arising out of the same theft. Because appellant’s acquittal on the robbery indictment acted as an acquittal on the lesser included offense of petit larceny, and they hold on appeal that the collateral estoppel protections of the Double Jeopardy Clause barred the Commonwealth’s subsequent attempt to convict me appellate for the grand larceny of that same bicycle from the person of the victim. Thus, they reverse and dismiss the conviction in the court of appeal of Virginia. The double jeopardy clause in the fifth Amendment to the U.S. Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the fifth Amendment states “No person shall… be subject for the same offense to be twice put in jeopardy of life or limb…” U.S. Const. amend. V. I am seeking help in pursuing a civil lawsuit against parties, of an issue of ultimate fact that has once been determined by a valid and final judgement. I have proof of documentary evidence that the indictment was Reversed and Dismissed (twice) in the Court Of Appeals of Virginia. If anyone out there that reads this please find it in your heart to help me please go on WWW.jpay.com to set up an email account or you can write to me at the below address. thank you all very much for any assistance in this legal matter A.S.A.P
Tarik H. Hudgins#1069060
Wallens Ridge State Prison
P.O. Box 759
Big Stone Gap,VA 24219