Legal Opinion

Petition of Hovey

Supreme Court of Delaware

Decided July 19, 1988PublishedCited by 24 opinions

1Opinion of the Court

HOLLAND, Justice:

This matter comes before the Court as result of the petition of Michael C. Hovey (“Hovey”) for a writ of prohibition. Hovey has applied to this Court for a writ prohibiting the Superior Court from trying him on a number of drug-related offenses. Hovey asserts that the federal constitutional bar against double jeopardy and the provisions of a State statute preclude his pending trial in the Superior Court. 1 We have concluded that this Court should not issue a writ of prohibition in this case based upon the record presented.

Facts

On December 15,1985, Hovey was taken into custody…

2Cases cited16 opinions

  1. United States v. BallSupreme Court of the United States · 1896
  2. Bartkus v. IllinoisSupreme Court of the United States · 1959
  3. Abbate v. United StatesSupreme Court of the United States · 1959
  4. Heath v. AlabamaSupreme Court of the United States · 1985
  5. Grafton v. United StatesSupreme Court of the United States · 1907

11 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Petition of WittrockSupreme Court of Delaware · 1994
  2. Petition of B & F Towing and Salvage Co.Supreme Court of Delaware · 1989
  3. Petition of HysonSupreme Court of Delaware · 1994
  4. Wing v. StateSupreme Court of Delaware · 1996
  5. In the Matter of RileySupreme Court of Delaware · 2008

19 more not listed; retrieve them via the Exa API.

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