Ernst v. State

I respectfully dissent on both substantive and procedural grounds from the per curiam order abating this case to the trial court for amendment of the “defective certification” of Ernst’s right of appeal. Substantively, the record does not show that the trial court denied the merits of Ernst’s pre-trial application for writ of habeas corpus on double-jeopardy grounds. Procedurally, only a docket entry, not a written order, reflects the trial court’s disposition of the habeas corpus application, and the record does not support exercise of our limited power to review Ernst’s double-jeopardy…