Does a claim of double jeopardy have to be dismissed?
MultiRegion, United States of America
The following excerpt is from Smith v. United States, 454 F.2d 1330 (9th Cir. 1972):
8. The claim of double jeopardy is conclusively meritless on its face and was properly dismissed. Walker v. Johnston, 312 U.S. 275, 61 S.Ct. 574, 85 L.Ed. 830 (1941); See United States v. Doyle, 348 F.2d 715, 720-721 (2d Cir. 1965).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a motion to dismiss an indictment based on double jeopardy be dismissed? (MultiRegion, United States of America)
Is Dismissal appropriate for a motion to dismiss an action where the claim alleges that the claim is invalid? (MultiRegion, United States of America)
What is the test for double jeopardy under the double jeopardy clause? (MultiRegion, United States of America)
When a federal claim for battery against Watson has been dismissed, can the remaining state law claims be dismissed without prejudice? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
What is the test for a motion to dismiss an order dismissing the third claim of the complaint? (MultiRegion, United States of America)
Does the District Court have jurisdiction to hear a motion to Dismiss on Double Jeopardy Grounds? (MultiRegion, United States of America)
What is the test for a motion to dismiss an indictment on double jeopardy grounds? (MultiRegion, United States of America)
If a claim has become moot prior to the entry of final judgment, does the court have to dismiss the claim? (MultiRegion, United States of America)
Is there jurisdiction to hear an appeal from a finding denying the motion to dismiss an indictment based upon a violation of the double jeopardy clause? (MultiRegion, United States of America)
