BRAWLEY

v.

COLLINS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE

Citator

Cited By

• Jeorgie Jupin v. State, 664 So. 2d 1031 (Fla. 2d DCA 1995)
  …up his right to have his trial completed by a particular jury "in exchange for relief from the consequences which might have resulted from a disposition rendered by that tribunal." U.S. v. Baggett, 901 F. 2d 1546, 1549 (11th Cir.1990), cert, denied, 498 U.S. 862, 111 S.Ct. 168, 112 L.Ed.2d 133 (1990). In this situation, the fact that a juiy was previously sworn would not bar his retrial.…
• United States v. Nyhuis, 8 F.3d 731 (11th Cir. 1993)
  …o that dismissed charge. Cf. United States v. Baggett, 901 F. 2d 1546, 1550 (11th Cir.) (holding that "the double jeopardy clause [does not] bar[] prosecution for counts dismissed as a result of a subsequently withdrawn plea bargain”), cert. denied, 498 U.S. 862, 111 S.Ct. 168, 112 L.Ed.2d 133 (1990); see also United States v. Soto-Alvarez, 958 F. 2d 473, 482 n. 7 (1st Cir.) ("[J]eopardy ordinarily does not attach to counts which are dismissed and on which no finding of guilty is made.”), cert. denied, -U.S…
• United States v. Harvey, 78 F.3d 501 (11th Cir. 1996)
  …Cir.1986), cert. denied, 482 U.S. 917, 107 S.Ct. 3191, 96 L.Ed.2d 679 (1987). We review the district court’s denial of a double jeopardy claim de novo as a question of law. United States v. Baggett, 901 F. 2d 1546, 1548 (11th Cir.), cert. denied, 498 U.S. 862, 111 S.Ct. 168, 112 L.Ed.2d 133 (1990). IV.THE LAW The double jeopardy clause of the United States Constitution provides that no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” The Supreme Court has obse…