FifthAmendment DueProcess Jurisdiction JusticiabilityDoctri
Where a state criminal rule allows for dismissal of a case on the merits rather than via conviction or acquittal, is this sufficient to trigger protection of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution and bar a second subsequent prosecution and associated punishment for acts part of the same continuous crime that the prosecution knew of prior to resolution of the first case?
Where a state criminal rule allows for dismissal of a case on the merits rather than via conviction or acquittal, is this sufficient to trigger protection of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution and bar a second subsequent prosecution and associated punishment for acts part of the same continuous crime that the prosecution knew of prior to resolution of the first case?