Waddy v. State

Olivia Waddy petitions this court for a writ of prohibition, arguing that further prosecution is barred by the double jeopardy clauses of the state and federal constitutions. She shows that in January 1993 she was tried and convicted by a jury of the offense of attempted first-degree murder. After sentence was imposed, however, the victim died and Ms. Waddy was indicted for the offense of premeditated murder arising from the same factual episode. Her petition to this court argues that the trial court erred in denying her motion to dismiss on grounds of double jeopardy.

We find that…