Legal Opinion

Halpaine v. State

Supreme Court of Arkansas

Decided December 8, 2011No. CR 11-476PublishedCited by 5 opinions

1Opinion of the Court

JIM GUNTER, Justice.

| TAppellant Jonathan Halpaine brings this interlocutory appeal from an order of the Saline County Circuit Court denying his motion to dismiss the charge of criminal nonsupport. He maintains that allowing the State to proceed on the charge violates his right to be free from double jeopardy as protected by the United States and Arkansas Constitutions. A double-jeopardy claim may be raised by interlocutory appeal because, if a defendant is illegally tried a second time, the right would have been forfeited. Williams v. State, 371 Ark. 550, 268 S.W.3d 868 (2007). We affirm.

In…

2Cases cited17 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. United States v. DixonSupreme Court of the United States · 1993
  3. Fitzhugh v. StateSupreme Court of Arkansas · 1988
  4. State v. RaterSupreme Court of Iowa · 1997
  5. State v. . JohnsonSupreme Court of North Carolina · 1937

12 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Lee v. StateSupreme Court of Arkansas · 2017
  2. Thompson v. StateSupreme Court of Arkansas · 2016
  3. Rodriguez v. StateCourt of Appeals of Arkansas · 2014
  4. McClendon v. StateCourt of Appeals of Arkansas · 2017
  5. Thompson v. StateSupreme Court of Arkansas · 2016

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