Amber Dawn Waterman v. State of Arkansas

Summary

The court held that Waterman's federal kidnapping convictions did not bar her Arkansas capital-murder prosecution under the statutory former-prosecution defense because the federal and state offenses require different facts and protect against substantially different harms. The court also declined to interpret the Arkansas Constitution more broadly than the federal Double Jeopardy Clause to prohibit prosecution under these circumstances. The circuit court's denial of Waterman's motion to dismiss was affirmed.