Legal Opinion
Fitzgerald v. United States
District of Columbia Court of Appeals
Decided February 6, 1984No. 83-177PublishedCited by 11 opinions
1Opinion of the Court
PRYOR, Associate Judge:
The sole question presented for our review is whether a criminal defendant who is successful in having his conviction set aside on grounds of trial error, after serving the sentence imposed, is placed in double jeopardy by a second trial on the same indictment. We hold that the Double Jeopardy Clause does not bar a subsequent trial in this case and therefore affirm the order of the trial court denying appellant’s motion to dismiss the indictment prior to a second trial.
Appellant was indicted for assault with intent to commit rape, D.C.Code § 22-501 (1981); taking…
2Cases cited20 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Abney v. United StatesSupreme Court of the United States · 1977
- United States v. ScottSupreme Court of the United States · 1978
- United States v. DiFrancescoSupreme Court of the United States · 1980
- Ex Parte LangeSupreme Court of the United States · 1874
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Flores v. United StatesDistrict of Columbia Court of Appeals · 1997
- State v. CorchadoSupreme Court of Connecticut · 1986
- Swisher v. United StatesDistrict of Columbia Court of Appeals · 1990
- Wells v. United StatesDistrict of Columbia Court of Appeals · 1986
- Jackson v. United StatesDistrict of Columbia Court of Appeals · 1986
6 more not listed; retrieve them via the Exa API.