Legal Opinion

State v. McGaughy

Court of Criminal Appeals of Alabama

Decided March 10, 1987PublishedCited by 11 opinions

1Opinion of the Court

The State of Alabama appeals from the trial court's ruling that the prosecution of the instant case is barred by double jeopardy considerations. See A.R.Crim.P.Temp. 17. We reverse.

On April 28, 1985, appellee was involved in a two-vehicle accident which resulted in injuries to Leilani Lockett. Appellant was subsequently charged with and convicted of driving while under the influence of alcohol (D.U.I.), in violation of § 32-5A-191, Code of Alabama 1975. Following this D.U.I. conviction, the Grand Jury of Autauga County returned an indictment charging a violation of assault in the first…

2Cases cited6 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Brown v. OhioSupreme Court of the United States · 1977
  3. Illinois v. VitaleSupreme Court of the United States · 1980
  4. In Re VitaleIllinois Supreme Court · 1978
  5. Sporl v. City of HooverCourt of Criminal Appeals of Alabama · 1985

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

3Cited by11 opinions

  1. State v. DeLucaSupreme Court of New Jersey · 1987
  2. State v. YoskowitzSupreme Court of New Jersey · 1989
  3. State v. LonerganSupreme Court of Connecticut · 1989
  4. Johnson v. StateCourt of Criminal Appeals of Alabama · 2005
  5. Vason v. StateCourt of Criminal Appeals of Alabama · 1990

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

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