Dunn v. Hon. Beth Maze
Annotate this CaseAppellant was charged with seven counts of first-degree sodomy. All seven counts of the indictment read identically. Appellant was acquitted on two counts and convicted of the other five. Later, the court of appeals vacated Appellant’s convictions and remanded for a new trial, concluding that Appellant’s counsel had been ineffective. On remand, Appellant moved to dismiss the indictment, claiming his re-prosecution was barred by double jeopardy. The trial court denied the motion. Appellant then filed a petition for a writ of prohibition in the court of appeals claiming again that the prohibition on double jeopardy would be violated by retrial. The court of appeals denied the writ. The Supreme Court reversed, holding that a new trial in this case raised a substantial risk that Appellant will be tried for crimes for which he has already been acquitted in violation of his double-jeopardy right against successive prosecution. Remanded.
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