State v. Crago

In this appeal, appellant challenges the efforts of the state of Ohio to retry him on the remaining and undecided count of aggravated murder arising from the aggravated robbery. Appellant contends that retrial is prohibited for two reasons, both of which involve the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.1

Following briefing and oral argument in this court regarding appellant’s challenge to retrial, we requested that the parties to this appeal brief the following issue for our consideration:

“[W]hether denial of a motion to dismiss a charge on the basis…