Michael A. Dunn v. Hon Beth Maze Judge, Montgomery Circuit Court

. OPINION OF THE COURT BY

JUSTICE NOBLE

The Appellant, Michael A. Dunn, was previously prosecuted for seven identically worded counts of first-degree sodomy. He was acquitted on two of those counts, and convicted of the other five. His convictions were later vacated, and a new trial was ordered. On remand to the trial court, Dunn claimed his re-prosecution was barred by double jeopardy. The trial court denied his claim. The Court of Appeals declined to grant a writ of prohibition barring the impending retrial. A new trial on the vacated counts, however, raises a substantial risk that Dunn will…