Weaver v. Schaaf

SEILER, Judge.

This is an original proceeding in prohibition, involving a double jeopardy question. Waller v. Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed.2d 435 (1970) held that a municipal ordinance conviction bars a subsequent state prosecution for the same offense. The state seeks to avoid this doctrine on the ground that the municipal conviction in this case was allegedly procured by collusion.

Petitioner, defendant in the felony case pending before respondent, seeks to prohibit any further proceeding therein. We issued our provisional rule, which we now make absolute.

*60The facts come from…