Jackett v. State

Johnson, Judge.

Roger Dale Jackett was convicted of two counts of simple battery by a magistrate sitting as a state court judge. Two days later, the state court entered an order setting aside Jackett’s conviction because the magistrate did not meet the statutory requirements to sit as a state court judge. The state court rescheduled Jackett’s trial on the two simple battery charges. Jackett filed a plea of former jeopardy, which the trial court denied. Jackett directly appeals from the court’s denial of his plea, contending that the double jeopardy provisions of the United States Constitution,…