United States v. Harvey

The government appeals the trial court’s dismissal, for reason of prosecutorial misconduct, of the indictment in this case. We have jurisdiction to hear this appeal under D.C. Code 1973, § 23-104(c) unless the double jeopardy clause of the Fifth Amendment erects a constitutional barrier. In light of the Supreme Court’s decision in United States v. Scott, -U.S. -, 98 S.Ct. 2187, 57 L.Ed.2d 65 (1978), we hold that we have jurisdiction; reverse the trial court; and remand this case with instructions to reinstate the indictment.

The events leading to the dismissal of the indictment for…