Stamper v. State

The majority recognize that the federal and state constitutions mandate review of Pete Stamper’s double jeopardy challenge prior to a second trial. Accordingly, the court grants the extraordinary writ of cer-tiorari to provide a remedy where no right of appeal exists. Instead of affording the defendant meaningful review of his claim, however, the majority rule on this relatively complex double-jeopardy question without benefit of briefing or oral argument and with what appears to me to be only a cursory analysis of controlling authority. I would have afforded the defendant and the State an…