Legal Opinion
United States v. Harvey
District of Columbia Court of Appeals
Decided November 23, 1977No. 10843PublishedCited by 7 opinions
1Opinion of the Court
HARRIS, Associate Judge:
The government appeals from the trial court’s order dismissing an indictment for first-degree burglary, D.C.Code 1973, § 22-1801(a), and petit larceny, id. § 22-2202. We have jurisdiction to hear the appeal under § 23-104(c) of the Code unless the Double Jeopardy Clause of the Fifth Amendment erects a constitutional barrier. We conclude that it does not, and reverse.
I
The problem began in another Superior Court case brought against a father and his son in United States v. Jamison, Cr. Nos. 80315 and 80316-’74, aff’d, D.C.App., 373 A.2d 594 (1977). Earlier convictions of…
2Cases cited25 opinions
- Irvin v. DowdSupreme Court of the United States · 1961
- Sheppard v. MaxwellSupreme Court of the United States · 1966
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- United States v. DinitzSupreme Court of the United States · 1976
- Illinois v. SomervilleSupreme Court of the United States · 1973
20 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Commonwealth v. SmalisSupreme Court of Pennsylvania · 1984
- State v. HarrellCourt of Appeals of Wisconsin · 1978
- United States v. HarveyDistrict of Columbia Court of Appeals · 1978
- Commonwealth v. SmalisSupreme Court of Pennsylvania · 1984
- United States v. HarveyDistrict of Columbia Court of Appeals · 1978
2 more not listed; retrieve them via the Exa API.