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
The following excerpt is from U.S. v. Spinale, 857 F.2d 1479 (9th Cir. 1988):
Two different appeals are before us. Angiulo appeals from a ruling denying his motion to dismiss his indictment based upon an alleged violation of the double jeopardy clause. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291; see Abney v. United States, 431 U.S. 651, 659 (1977).
"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
What is the test for a motion to dismiss an indictment based on a violation of the Double Jeopardy Clause? (MultiRegion, United States of America)
What is the test for a motion to dismiss an indictment for a violation of the Double Jeopardy Clause de novo? (MultiRegion, United States of America)
What is the effect of the Court of Appeal's finding that a motion to dismiss the indictment was dismissed during the pendency of the appeal on the suppression issue? (MultiRegion, United States of America)
Can a motion to dismiss an indictment based on double jeopardy be dismissed? (MultiRegion, United States of America)
What jurisdiction exists to hear an interlocutory appeal of a motion to dismiss on the ground of double jeopardy? (MultiRegion, United States of America)
Is a motion denying dismissal of an indictment on double jeopardy grounds a question of law we review de novo? (MultiRegion, United States of America)
Can a motion to dismiss an indictment be dismissed on a motion of dismissal? (MultiRegion, United States of America)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
Does the Court have jurisdiction to hear a motion denying a motion to dismiss for lack of subject matter jurisdiction? (MultiRegion, United States of America)
