Butler v. State

MOYLAN, Judge.

The indispensable key to understanding the law of double jeopardy is to understand that there is no law of double *517jeopardy. This is not to say, however, that there are not many laws of double jeopardy. Double jeopardy, though it once was, is no longer a single species of legal doctrine. It is, now at least, an entire category; a genus embracing within its ever-widening folds no less than five distinct species: 1) former acquittal, 2) former conviction, 3) simultaneous jeopardy, 4) mistrial/retrial, and 5) collateral estoppel — each tracing back to a different origin, each…