Legal Opinion · Concurrence

Newton v. United States

District of Columbia Court of Appeals

Decided July 7, 1992No. 88-CF-169Published

1ConcurrenceRogers, Chief Judge

Two related but distinct legal issues are presented by this appeal: whether the trial court had jurisdiction under District of Columbia law to vacate its May 19, 1987, order granting a new trial and, if so, whether such action violated the Double Jeopardy Clause of the Fifth Amendment to the Constitution. The first issue presents a complex analytical issue that is important for the court to resolve on a sound, principled basis; otherwise, there would be no apparent limits, either substantive or temporal, on the extent to which the trial court could correct its final orders. For this reason,…

2Cases cited40 opinions

  1. United States v. FradySupreme Court of the United States · 1982
  2. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  3. Maleng v. CookSupreme Court of the United States · 1989
  4. United States v. WilsonSupreme Court of the United States · 1975
  5. Bozza v. United StatesSupreme Court of the United States · 1947

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