Legal Opinion
John Mitchell v. State of Arkansas
Court of Appeals of Arkansas
Decided March 1, 2023PublishedCited by 1 opinion
1Opinion of the Court
Cite as
2023 Ark. App. 119
ARKANSAS COURT OF APPEALS DIVISION II No. CR-22-225 Opinion Delivered March 1, 2023 JOHN MITCHELL APPEAL FROM THE POLK COUNTY APPELLANT CIRCUIT COURT [NO. 57CR-18-174] V. HONORABLE CHARLES A. YEARGAN, JUDGE STATE OF ARKANSAS APPELLEE REVERSED WENDY SCHOLTENS WOOD, Judge John Mitchell brings this interlocutory appeal from the Polk County Circuit Court’s order denying his motion to dismiss a charge of first-degree murder and its included offense of second-degree murder. On appeal, he argues that his retrial on these offenses is barred by double jeopardy. We agree and…
2Cases cited10 opinions
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. ScottSupreme Court of the United States · 1978
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- Sanabria v. United StatesSupreme Court of the United States · 1978
- Richardson v. United StatesSupreme Court of the United States · 1984
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3Cited by1 opinion
- Shannon Thepharath v. State of ArkansasCourt of Appeals of Arkansas · 2024