Legal Opinion
United States v. Loan Kim Barker
Court of Appeals for the Ninth Circuit
Decided July 12, 1982No. 81-1691PublishedCited by 38 opinions
1Opinion of the Court
HUG, Circuit Judge:
Loan Kim Barker seeks dismissal of an indictment charging her with first degree murder and conspiracy to commit murder. Barker negotiated a plea agreement with the Government under which she pleaded guilty to second degree murder and the Government moved to dismiss the indictment. When Barker’s guilty plea was set aside, the Government reinstated the original indictment. Barker contends this reinstatement violated her rights under the double jeopardy clause.
We have jurisdiction under 28 U.S.C. § 1291 to review the district court’s refusal to dismiss the indictment. Abney v.…
2Cases cited27 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Santobello v. New YorkSupreme Court of the United States · 1971
- McCarthy v. United StatesSupreme Court of the United States · 1969
- Green v. United StatesSupreme Court of the United States · 1957
- Abney v. United StatesSupreme Court of the United States · 1977
22 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- United States v. Robert James MillerCourt of Appeals for the Ninth Circuit · 1983
- Clifton Fransaw v. James A. Lynaugh, Interim Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1987
- Myers v. FrazierWest Virginia Supreme Court · 1984
- Gary James Taylor v. Lawrence KincheloeCourt of Appeals for the Ninth Circuit · 1990
- United States v. David Rowland Lee VaughanCourt of Appeals for the Ninth Circuit · 1983
33 more not listed; retrieve them via the Exa API.