State v. Lackey

Judge Hedrick

dissenting.

For the reasons set forth below, I respectfully dissent from the majority decision awarding a new trial to defendant:

On 22 August 1983 the defendant filed a motion for appropriate relief in which he alleged that “the Court erred by failing to dismiss the charge against the defendant on the grounds that it is in violation of the constitution of the United States in that the prosecution of the involuntary manslaughter charge results in former jeopardy.” Although the record contains no ruling by the trial judge on defendant’s motion for appropriate relief, the motion is…