Legal Opinion

State v. Cahoon

Court of Appeals of Utah

Decided August 2, 2007No. Case No. 20060362-CAPublishedCited by 3 opinions

1Opinion of the Court

OPINION

DAVIS, Judge:

1 Defendant Dwight Cahoon appeals the denial of his motion to dismiss, arguing that any prosecution for the amended charges against him would violate his constitutional right to due process and protection from double jeopardy. We reverse.

BACKGROUND

12 On August 12, 2004, the State filed an information against Defendant, charging him with ten counts of aggravated sexual abuse of a child, a first degree felony, for events occurring before the victim turned fourteen years old, see Utah Code Ann. § 76-5-404.1(4) (20083), and ten counts of forcible sexual abuse, a second degree…

2Cases cited15 opinions

  1. Brown v. OhioSupreme Court of the United States · 1977
  2. United States v. DiFrancescoSupreme Court of the United States · 1980
  3. United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
  4. Justices of Boston Municipal Court v. LydonSupreme Court of the United States · 1984
  5. United States v. OppenheimerSupreme Court of the United States · 1916

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

3Cited by3 opinions

  1. State v. SommervilleCourt of Appeals of Utah · 2013
  2. State v. CahoonUtah Supreme Court · 2009
  3. State v. CahoonCourt of Appeals of Utah · 2007

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