same conduct test
same-conduct test. Criminal law. A test for determining whether a later charge arising out of a single incident is barred by the Double Jeopardy Clause; specif., an analysis of whether the later charge requires the state to prove the same conduct that it was required to prove in a previous trial against the same defendant. • The Supreme Court abandoned the Blockburger test and adopted the same-conduct test in 1990 (Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084), but overruled that decision and revived Blockburger three years later (U.S. v. Dixon, 509 U.S. 688, 113 S.Ct. 2849 (1993)). Cf. BLOCKBURGER TEST; SAME-TRANSACTION TEST.
