Minor v. Barker

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that jeopardy attaches “when the case is first presented to the trier of fact”
• stating that in civil cases jeopardy attaches “when evidence is first presented to the trier of fact in a proceeding seeking to impose a penalty for crime.”
• observing that, “[w]hen on-reservation conduct involves both Indians and non-Indians, we must undertake a particularized inquiry into the state, federal, and tribal interests at stake”
• jeopardy does not attach to judicial forfeiture proceeding until evidence is presented to the trier of fact
• jeopardy does not attach to judicial forfeiture proceeding until evidence is presented to the trier of fact
• defendant cannot be placed in jeopardy if he has not appeared as a party in a proceeding; there having been no prior jeopardy, double jeopardy cannot apply

Source: CourtListener parenthetical corpus (CC0).