Fonseca v. Judges of the Family Court

In this article 78 proceeding the petitioner, a boy 15 years of age, seeks an order prohibiting the respondents, Judges of the Family Court of the County of Kings, from reconducting a fact-finding hearing, upon the ground that to do so would place him in double jeopardy. A statement of the facts will project into focus the questions involved which are: first, whether the record presents a case of double jeopardy; second, whether the exception of “ manifest ” or ‘ ‘ imperious necessity ’ ’ is applicable; and third, whether the constitutional safeguard against double jeopardy applies to a…