scott
argued
february
decided
june
respondent
indicted
federal
drug
offenses
moved
trial
twice
trial
dismissal
two
counts
indictment
ground
defense
prejudiced
preindictment
delay
close
evidence
trial
granted
respondent
motion
government
sought
appeal
dismissals
ed
allows
appeal
district
dismissal
indictment
except
double
jeopardy
clause
fifth
amendment
prohibits
prosecution
appeals
concluding
clause
barred
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dismissed
appeal
relying
jenkins
case
following
principle
underlying
double
jeopardy
clause
government
resources
power
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make
repeated
attempts
convict
individual
alleged
offense
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whether
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indictment
jeopardy
attached
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merits
government
right
appeal
proceedings
sort
devoted
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factual
issues
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elements
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supra
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pp
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ante
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verdict
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perez
wheat
defendant
successfully
seeks
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jeopardy
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defendant
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pp
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indictment
jeopardy
attached
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though
successful
government
appeal
require
trial
proceedings
leading
factual
resolution
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guilt
innocence
see
lee
growing
experience
government
appeals
calls
rationale
jenkins
light
lee
martin
linen
supply
recent
expositions
double
jeopardy
clause
pp
situation
instant
one
defendant
chooses
avoid
conviction
assertion
government
failed
make
case
legal
claim
government
case
must
fail
even
though
might
satisfy
trier
fact
guilty
beyond
reasonable
doubt
defendant
deliberately
choosing
seek
termination
trial
suffers
injury
cognizable
double
jeopardy
clause
government
permitted
appeal
ruling
favoring
defendant
double
jeopardy
clause
guards
government
oppression
relieve
defendant
consequences
voluntary
choice
pp
rehnquist
delivered
opinion
burger
stewart
blackmun
powell
joined
brennan
filed
dissenting
opinion
white
marshall
stevens
joined
post
deputy
solicitor
general
frey
argued
cause
brief
acting
solicitor
general
friedman
assistant
attorney
general
civiletti
frank
easterbrook
sidney
glazer
william
marietti
argued
cause
respondent
brief
alexis
rogoski
justice
rehnquist
delivered
opinion
march
respondent
member
police
force
muskegon
charged
indictment
distribution
various
narcotics
trial
district
western
district
michigan
twice
trial
respondent
moved
dismiss
two
counts
indictment
concerned
transactions
took
place
preceding
september
ground
defense
prejudiced
preindictment
delay
close
evidence
granted
respondent
motion
although
explain
reasons
dismissing
second
count
explicitly
concluded
respondent
presented
sufficient
proof
prejudice
respect
count
app
pet
cert
submitted
third
count
jury
returned
verdict
guilty
government
sought
appeal
dismissals
first
two
counts
appeals
sixth
circuit
relying
opinion
jenkins
concluded
prosecution
respondent
barred
double
jeopardy
clause
fifth
amendment
therefore
dismissed
appeal
government
sought
review
regard
dismissal
first
count
granted
certiorari
give
consideration
applicability
double
jeopardy
clause
government
appeals
orders
granting
defense
motions
terminate
trial
verdict
reverse
problem
presented
case
arisen
first
century
existence
long
taken
view
right
appeal
criminal
case
absent
explicit
statutory
authority
sanges
authority
provided
enactment
criminal
appeals
act
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mar
ch
stat
permitted
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error
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language
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indictment
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appeal
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jeopardy
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soon
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end
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sight
weller
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appeals
government
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cases
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focus
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construction
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scope
meaning
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jeopardy
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first
encounter
new
statute
concluded
congress
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remove
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appeals
allow
appeals
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constitution
permit
wilson
since
point
government
appeals
subject
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restrictions
independent
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previous
cases
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amendment
prohibit
prosecution
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canvass
history
double
jeopardy
principles
english
american
law
led
us
conclude
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jeopardy
clause
primarily
directed
threat
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prosecutions
posed
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government
appeals
appeals
require
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trial
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held
jenkins
supra
whether
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indictment
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jenkins
correct
statement
law
judgment
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relying
decision
bound
likelihood
affirmed
yet
though
assessment
history
meaning
double
jeopardy
clause
wilson
jenkins
serfass
occurred
three
terms
ago
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exposure
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jeopardy
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convinced
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jenkins
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overrule
jenkins
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reverse
judgment
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case
ii
origin
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double
jeopardy
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matter
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generally
wilson
supra
green
frankfurter
dissenting
constitutional
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three
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jeopardy
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defendants
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prosecutions
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judgment
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defendant
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appeal
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verdicts
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persons
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jeopardy
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posed
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indictment
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kepner
fong
foo
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law
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permit
second
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require
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defendant
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right
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oppression
sort
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jeopardy
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sense
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elegantly
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words
justice
mclean
circuit
keen
cas
cc
ind
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view
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judgment
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crist
bretz
ante
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body
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interest
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prosecutions
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defendant
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double
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lee
motion
may
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upon
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justice
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offenders
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perez
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judge
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judges
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opinion
taking
circumstances
consideration
manifest
necessity
act
ends
public
justice
otherwise
defeated
recent
decision
arizona
washington
reviewed
attempts
give
content
term
manifest
necessity
case
like
downum
supra
arose
motion
prosecution
mistrial
noted
trial
discretion
must
exercised
careful
regard
interests
first
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perez
arizona
washington
supra
hand
defendant
successfully
seeks
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mistrial
double
jeopardy
clause
offended
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prosecution
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opinion
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motion
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innocence
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held
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prosecution
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lee
demonstrated
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district
dismissal
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claim
preindictment
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government
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establish
guilt
defendant
respondent
scott
points
quite
correctly
moved
dismiss
indictment
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prior
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district
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grant
time
government
appealed
ruling
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serfass
also
quite
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require
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district
leading
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bars
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however
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convinces
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jenkins
light
lee
martin
linen
recent
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jenkins
based
upon
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jeopardy
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see
supra
underlying
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ingrained
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system
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resources
power
allowed
make
repeated
attempts
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individual
alleged
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subjecting
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compelling
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jenkins
supra
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green
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citing
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martin
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despite
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lee
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jury
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rule
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proc
appeal
barred
plain
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evaluated
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facts
established
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finding
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post
brennan
dissenting
existing
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erroneous
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delay
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judgment
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criminally
culpable
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supposed
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case
defendant
deliberately
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seek
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basis
unrelated
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guilt
innocence
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accused
suffers
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cognizable
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jeopardy
clause
government
permitted
appeal
ruling
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defendant
thereby
adopt
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jeopardy
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reversed
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jeopardy
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wade
hunter
conclude
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barred
recognize
force
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justice
brandeis
cases
involving
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legislative
action
practically
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earlier
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bows
lessons
experience
force
better
reasoning
recognizing
process
trial
error
fruitful
physical
sciences
appropriate
also
judicial
function
burnet
coronado
oil
gas
dissenting
opinion
judgment
appeals
therefore
reversed
cause
remanded
proceedings
ordered
footnotes
rule
established
wilson
jenkins
later
described
following
terms
ismissals
opposed
mistrials
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stage
proceeding
jeopardy
attached
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innocence
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defendant
concerned
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government
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defendant
reprosecuted
dismissal
came
later
lee
rehnquist
concurring
government
contends
district
jenkins
entered
judgment
acquittal
favor
jenkins
opinion
case
recognized
said
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