Hagan v. State

ROBERTSON, Chief Justice.

The Fifth Amendment to the United States Constitution provides that “[n]o person shall ... be subject for the same offense to be twice put in jeopardy of life or limb.” In this case we consider whether a guilty plea acts as a waiver of a double jeopardy claim asserted by movant for the first time on a collateral attack of his conviction under Rule 24.035. The trial court denied movant, Donald Hagan’s, Rule 24.-035 motion. The Court of Appeals, Eastern District, permitted movant to raise his double jeopardy claim, proceeded to its merits, and on that basis reversed the…